Canada Case Law

Rogers Communications Canada Inc. v. Timeless Inc.

Court

Federal Court of Appeal

The Commission's remedy ordering staff‑assisted mediation and, if unsuccessful, final offer arbitration was a reasonable, discretionary response to an undue preference finding; its reasons were adequate when read in context, Rogers waived its complaint about new evidence, and claims that the Commission lacked power or was functus officio were either not raised below or unpersuasive; appeal and judicial review are dismissed.

Source excerpt

• Undue preference
• Remedies
• Alternative dispute resolution
• Judicial review
• Reasons for decision
• Functus officio

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Integrum Painting v. BANC Investments Limited

Court

Supreme Court of Nova Scotia

The March 5, 2025 correspondence did not, on its proper objective construction and having regard to surrounding communications and conduct, amount to a contractual "finding" that would trigger GC 8.2.2; alternatively, the Respondent is estopped from asserting the March 5 letter was a finding because its words and conduct reasonably induced the Applicant to treat the communications as settlement negotiations; accordingly the Applicant's delay claim remains extant and the parties are entitled to pursue the contractually prescribed ADR or court processes under GC 8.2.7 and GC 8.3.1.

Source excerpt

• Delay claim
• Notice requirements
• Construction manager finding
• Waiver
• Mediation
• Holdback

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2197 Otter Point Properties Nominee Ltd. v. GT Mann Contracting Ltd.

Court

Supreme Court of British Columbia

The December 19, 2024 without prejudice settlement letter is inadmissible for lack of a demonstrated exception (no evidence of detrimental reliance); the s.7 technical prerequisites are arguably met because 2197 Otter Point Properties is arguably a party to the contract and the subject matter is arbitrable; settlement offers (including references to Rule 9-1) do not, as a class, constitute steps in proceedings nor give rise to waiver or estoppel absent evidence of detrimental reliance; the entirety of the dispute, including claims against Graeme Mann, is sufficiently intertwined with the cont…

Source excerpt

• Stay of proceedings
• Arbitration agreement
• Without prejudice/settlement privilege
• Representation estoppel
• Waiver
• Steps in litigation

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Townley v. Townley

Court

Supreme Court of British Columbia

The court found no binding support agreement or waiver, but held the child’s residence change justified retroactive variation. It ordered offset child arrears and stepped-down spousal support.

• Child support variation
• Spousal support variation
• Retroactive variation
• Waiver and promissory estoppel
• Material change in circumstances
• Floors to ceilings exception

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Elite Insurance Company (Aviva) v. Borgatti Estate

Court

Federal Court

Summary judgment was granted for the Defendants in a marine insurance coverage dispute because Aviva was estopped from denying coverage under the policy.

• Safety equipment warranty
• Warranty compliance
• Navigation lights
• Estoppel
• Waiver
• Laches

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1016847 B.C. Ltd. v. 1145426 B.C. Ltd.

Court

Supreme Court of British Columbia

The Supreme Court of British Columbia granted a defence application to adjourn a civil trial, finding the balance of prejudice favoured protecting fair-trial rights.

• Adjournment
• Document disclosure
• Discovery
• Fair trial
• Trial scheduling
• Waiver

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Gray v. Nova Scotia Barristers’ Society

Court

Supreme Court of Nova Scotia

Section 77A of the Legal Professions Act unambiguously prevents compulsion and admission of reports and related evidence from NSBS disciplinary processes and renders NSBS employees/agents non‑compellable; NSBS did not waive those protections on the evidence before the court; accordingly motions to compel NSBS records and subpoenas for its employees are dismissed; other relief is adjourned as set out below.

Source excerpt

• Statutory immunity
• Non-compellability
• Admissibility of disciplinary reports
• Subpoenas
• Waiver
• Limitation period

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Kashin v. G.E.S. Construction Limited

Court

Court of Appeal for Ontario

The motion judge’s factual findings that Lloyd’s never unequivocally abandoned its right to void the 2015 Policy, that renewals and premium acceptance occurred in the context of dispute resolution, and that there was no evidence of detrimental reliance or bad faith, justify dismissal of the appellant’s waiver, estoppel and bad faith claims and support allowing Lloyd’s to void the policy for misrepresentation.

Source excerpt

• Duty to defend
• Void for misrepresentation
• Waiver
• Estoppel
• Bad faith
• Costs

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Canada Lands Company CLC Limited v. Schlieper

Court

British Columbia Court of Appeal

Appeal allowed from judicial review of an RTB eviction decision. The Court held the chambers judge wrongly decided a new waiver issue not raised before the arbitrator.

• Waiver
• Standard of review
• Patent unreasonableness
• Eviction for cause
• Procedural fairness
• Admission of fresh evidence

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Coast Capital Savings Federal Credit Union v. Smith

Court

Supreme Court of British Columbia

The court granted Coast Capital judgment on an admitted line-of-credit debt, rejected promissory estoppel and waiver defences, dismissed the counterclaim, and awarded costs.

• Promissory estoppel
• Waiver
• Forbearance
• Summary trial suitability
• Security interest assignment (gic)
• Enforcement of demand loans

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