Canada Case Law

Clarity Architectural Products Inc. v. Gryphon Corporate Construction Ltd.

Court

Supreme Court of British Columbia

The defendant's conduct (direction to pause, non-payment of the Second Invoice, failure to return shop drawings, and engaging a replacement subcontractor while leaving the subcontractor under the impression work would continue) objectively amounted to repudiation of the Subcontract; the plaintiff validly accepted that repudiation by June 12, 2024; therefore the plaintiff is entitled to expectation damages rather than the limited recovery available under a prospective termination for convenience. Damages awarded consist of the unpaid Second Invoice ($664,071.46) recoverable as a debt and under…

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• Repudiation
• Termination for convenience
• Expectation damages
• Interest
• Honest performance/good faith
• Mediation default

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Blankstein v. Hayes Davis Investments Inc.

Court

Supreme Court of British Columbia

Summary judgment dismissed because material triable issues exist: evidence supports that the Option Agreement may be intimately connected to the services agreement (Sail Labrador) and factual disputes remain about whether defendant's conduct hindered exercise or justified equitable relief to excuse non-compliance; these issues cannot be resolved on a Rule 9-6 application.

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• Option agreements
• Specific performance
• Failure of consideration
• Summary judgment
• Relief from forfeiture
• Substantial non-performance

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Northern Health Authority v. du Plessis

Court

British Columbia Court of Appeal

The Court dismissed both the appeal and cross‑appeal because the central questions identified by the parties were predominantly mixed questions of fact and law arising from the arbitrator's factual findings and application of legal tests; the arbitrator reasonably concluded the PHO Order did not apply to the respondent given his unique factual arrangement and did not err in law in his interpretation; the cross‑appellant failed to identify an extricable question of law arising from the remedy award.

Source excerpt

• Frustration of contract
• Statutory interpretation
• Termination without cause
• Reasonable notice
• Repudiation
• Damages

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CHC Construction Ltd. v. He

Court

Supreme Court of British Columbia

The plaintiff breached the contract by wrongfully demanding payments outside the agreed progress payment schedule, refusing to complete the work unless paid, failing to perform the work in a good and workmanlike manner, and failing to complete within the 30 business days; the defendant did not breach and is entitled to damages to place him in the position had the contract been performed; damages awarded $9,384.37, plaintiff's claim dismissed, defendant's counterclaim allowed, builder's lien cancelled and costs to defendant.

Source excerpt

• Breach of contract
• Repudiation
• Progress payments
• Workmanship
• Extras
• Damages

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Chung v. Klein Homes Ltd. 0717233

Court

Supreme Court of British Columbia

The appeal is dismissed because the trial judge did not commit palpable or overriding errors: he acted within the broad discretion afforded by the Small Claims Act and Rules in admitting and weighing disclosure, permissibly allowed a mid-trial correction to the counterclaim, correctly interpreted the contract and Builder's Lien provisions to treat payment as due on occupancy/substantial completion, and correctly concluded the appellants repudiated the contract by occupying without paying final sums, leaving the trial judgment and resultant set-off intact.

Source excerpt

• Repudiation
• Substantial completion
• Interim occupancy
• Late disclosure
• Amendment of pleadings
• Damages

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McGill v. Berry and Smith Trucking Ltd.

Court

Supreme Court of British Columbia

The court granted summary trial, upheld the without-cause termination clause, found no repudiation from late final-wage payment or alleged bullying, and dismissed the action.

• Wrongful dismissal
• Repudiation
• Termination clause enforcement
• Esa s.18 - timing of final wages
• Workplace bullying
• Aggravated damages

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Smithe Residences Ltd., by its receiver, MNP Ltd. v. Boffo Investment Corp.

Court

Supreme Court of British Columbia

The court held the Smithe Consulting Agreement replaced the JVA, its profit‑sharing waterfall applied to profits from the whole completed Smithe Project (not limited to the plaintiff's proposed Thalia design), the plaintiff did not repudiate the agreement, Boffo Smithe breached by withholding profit shares, and Boffo Investment was unjustly enriched by receipt of those profits; damages awarded under the contract waterfall and unjust enrichment principles.

Source excerpt

• Contractual interpretation
• Repudiation
• Good faith in contractual performance
• Profit‑sharing
• Joint venture agreements
• Remedies and damages

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Anderson v. Double M Construction Ltd.

Court

British Columbia Court of Appeal

The stay application was dismissed because the appellant failed to meet the low merits threshold and the balance of convenience favoured the respondents; however, a limited temporary stay of the vacant possession order until March 31, 2026 was granted to mitigate relocation hardship.

Source excerpt

• Repudiation
• Forfeiture of interest
• Vacant possession
• Summary trial (rule 9-7)
• Stay of execution
• Security for costs

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FH Development Group Inc. v. Brooks

Court

Nova Scotia Court of Appeal

Because the Brooks did not accept FH's anticipatory breach, the duty to mitigate did not arise until the actual breach on the closing date; the trial judge's factual findings that FH's conduct destroyed trust and that the Brooks' purchase on the competitive open market was reasonable were supported by evidence and insulated the damages award from reversal.

Source excerpt

• Anticipatory breach
• Mitigation of damages
• Reasonable mitigation
• Repudiation
• Purchase of replacement property

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Veinot v Creaser

Court

Nova Scotia Small Claims Court

The defendant repudiated the contract by abandoning the project and ceasing communication for an extended period; the claimant was entitled to treat the contract as terminated and recover restitution of unearned payments plus the proven overage and modest general damages and filing costs; the counterclaim was dismissed.

Source excerpt

• Repudiation
• Breach of contract
• Assessment of damages
• Restitution of advance payments
• Mitigation
• Dismissal of counterclaim

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