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Family law 2026 NSSC 132

Groves v. Luedee

Court
Supreme Court of Nova Scotia

The applicant proved unjust enrichment in respect of specific monetary contributions, assumption of renovation debt and unpaid labour linked to the respondent's home, entitling him to a monetary award on a quantum meruit basis of $17,865.65; there was insufficient evidence of a shared intention, economic integration or other indicia of a joint family venture to support proprietary or value‑survived relief, so equitable proprietary remedies were denied.

Source excerpt

  • Unjust enrichment
  • Quantum meruit
  • Value survived
  • Joint family venture
  • Constructive trust
  • Preservation order
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Property law 2026 NSSC 140

Carew (Estate of) v. Carew

Court
Supreme Court of Nova Scotia

The Estate is the recorded owner and qualifies as landlord under the OTA; the respondent occupies 23 Railroad Street without legal title or rent and is overholding; the Complaint under the OTA was proved and an Order for Possession was properly granted, subject to a reasonable vacate period and without extinguishing any separate probate or proprietary claims the respondent may bring.

Source excerpt

  • Order for possession
  • Overholding tenants act
  • Estate administration
  • Occupancy disputes
  • Constructive trust
  • Unjust enrichment
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Equity 2026 BCSC 778

Oranchuk v. Oranchuk

Court
Supreme Court of British Columbia

Although the plaintiff conferred some benefit and suffered a corresponding deprivation, the court found a juristic reason for the enrichment in the implied reciprocal arrangement exchanging labour for accommodation and, alternatively, that the plaintiff's expectations were unreasonable; further, the claim was barred by laches because of long acquiescence and delay. The unjust enrichment claim was dismissed and no constructive trust was imposed.

Source excerpt

  • Unjust enrichment
  • Constructive trust
  • Laches / acquiescence
  • Implied contract (labour for accommodation)
  • Credibility and evidence
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Family law 2026 BCSC 711

Capadouca v. Jarvis

Court
Supreme Court of British Columbia

The court found on the whole of the evidence that the parties separated well before April 2023 and that s.198(2)(b) therefore barred the claimant's Part 5 and Part 7 FLA claims; the term 'order' in s.198(2)(b) includes declaratory relief where the declaration is sought as or will be used as an enforceable remedy, so seeking declarations under Part 5 after the two-year period is barred; the claimant's unjust enrichment claim failed for lack of necessary evidence of deprivation or absence of juristic reason; accordingly the respondent's summary trial application was granted and the claimant's a…

Source excerpt

  • Marriage-like relationship
  • Separation
  • Limitation period s.198(2)(b) fla
  • Declaratory relief vs orders
  • Unjust enrichment
  • Summary trial suitability
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Property law 2026 BCCA 150

Heywood v. Songhees Nation

Court
British Columbia Court of Appeal

The Court held the chambers judge palpably erred by misapplying the Stack test: the manufactured homes were sufficiently annexed and the object of annexation was to enhance long‑term residential use of the land, so the homes are fixtures and owners are not required to remove them; the unjust enrichment claim was dismissed because the Nation was not incontrovertibly enriched and, even if enriched, there was a juristic reason (real property law concerning fixtures), and the Nation's conduct (three years' notice, opportunity to remove) was not unconscionable.

Source excerpt

  • Fixtures vs chattels
  • Termination of tenancy on reserve lands
  • Unjust enrichment
  • Juristic reason
  • Standard of review
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Contract law 2026 BCSC 619

Lennon v. Coal Harbour Marina Ltd.

Court
Supreme Court of British Columbia

The 2021 Schedule C did not create a mandatory automatic renewal; clause 18 reserved CHM sole discretion over live aboard licenses; CHM exercised that discretion honestly and in good faith for purposes of maintaining marina community safety and harmony (staff complaints re intoxication and neighbour conflict), not for improper purposes; the 2022 agreement was not unconscionable; CHM validly terminated renewal and Plaintiff's continued occupancy after April 1, 2023 constituted holding over leading to transient moorage charges, unjust enrichment, trespass and nuisance; permanent injunction gran…

Source excerpt

  • Good faith in contract
  • Exercise of contractual discretion
  • Automatic renewal clauses
  • Unconscionability (bpcpa)
  • Estoppel by convention
  • Holding over/transient moorage
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Contract law 2026 NSSC 110

Dares v. LeBlanc

Court
Supreme Court of Nova Scotia

Court found a binding contract existed: Applicant agreed to rebuild the Boat for $7,000–$7,500 inclusive of materials with the Boat to be sea-ready for the 2022 boating season; Applicant breached the contract by failing to complete within the agreed/expected period and provided no assurance of timely completion, thereby fundamentally breaching the contract; Respondent validly repudiated by repossessing the Boat on Nov 20, 2022; Respondent had paid approximately $6,592.61 (about 90%) and the Boat was about 90% complete so no further payment was owed; unjust enrichment/quantum meruit claims fai…

Source excerpt

  • Breach of contract
  • Repudiation / fundamental breach
  • Contract formation and certainty
  • Assessment of credibility
  • Unjust enrichment
  • Quantum meruit
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Property law 2026 BCSC 529

Sagebrush Golf Course Holdings Ltd. v. Craig

Court
Supreme Court of British Columbia

The notice of civil claim does not, even assuming its allegations true, plead any interest in the Sagebrush Property or a sufficient nexus between the pleaded causes of action and that property; therefore the CPL was improperly registered and must be cancelled under s.215 LTA; costs to petitioners at Scale B and special costs declined.

Source excerpt

  • Certificate of pending litigation
  • Constructive trust
  • Unjust enrichment
  • Tracing
  • Costs
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Trusts and estates 2026 BCSC 406

Kavanagh v. Barbeau

Court
Supreme Court of British Columbia

The court held it was not plain and obvious that the RTCC was unnecessary, scandalous, frivolous or prejudicial because the contested allegations (including claims of tax evasion and deception by the deceased) were relevant to a bona fide defence that the deceased retained control and caused the companies' financial and tax problems; however, the court struck narrowly those broad, sweeping and undated allegations that alleged unspecified illegality or lifelong misconduct unconnected to the pleaded issues (paras. 7, 10 and 17) as confusing and potentially prejudicial, and granted leave to amen…

Source excerpt

  • Strike pleadings
  • Fiduciary duty breach
  • Unjust enrichment
  • Pleading sufficiency
  • Allegations of tax evasion
  • Relevance and prejudice in pleadings
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Class actions 2026 BCSC 422

Wesley v. British Columbia

Court
Supreme Court of British Columbia

The Court certified the action as a class proceeding because the pleadings, read generously and assuming pleaded facts true, disclose viable causes of action for negligence, breach of fiduciary duty, misfeasance in public office against Canada and the Province in respect of post-immunity periods and as to the Indigenous Subclass, battery/medical negligence and breach of fiduciary duty against Dr. MacKenzie as properly pleaded, there is some evidence of an identifiable class and Indigenous subclass of two or more, and the claims raise common issues the determination of which will materially ad…

Source excerpt

  • Certification
  • Negligence
  • Breach of fiduciary duty
  • Misfeasance in public office
  • Unjust enrichment
  • Vicarious liability
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About this LexChat collection

Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.