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Canada Case Law

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Residential tenancy 2024 BCCA 410

Choi v. Westbank Projects Corp.

Appeal dismissed. The Court held it was not plain and obvious that the Supreme Court lacked jurisdiction over a landlord’s negligence claim, and that any petitioning error was not fatal.

  • Exclusive jurisdiction of tribunal
  • Originating pleadings / petition requirement
  • Strike for disclosing no reasonable claim (rule 9-5)
  • Weber essential character test
  • Interpretation of s.58 rta
  • Residential-tenancy
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Labour law 2004 BCSC 417

Bakaluk et al. v. Western Star Trucks Inc. et al.

The court held the plaintiffs’ claims against the union were, in substance, duty-of-fair-representation complaints and lay within the Labour Relations Board’s exclusive jurisdiction.

  • Duty of fair representation
  • Negligent misrepresentation
  • Exclusive jurisdiction of labour board
  • Weber essential character test
  • Collective agreement scope
  • Duty-of-fair-representation
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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.