Canada Case Law

Pattison v. Royal Vancouver Yacht Club

Court

Supreme Court of British Columbia

The waiver was signed by the plaintiff before the lift and is clear and enforceable on its plain contractual terms, including release and indemnity language; the plaintiff failed to prove intentional spoliation of video evidence; expert evidence established that rot at the keel scarf joint and an imbalanced fuel load caused torsional failure; therefore the waiver bars the plaintiff's negligence claim and the plaintiff has not proved negligence. The indemnity counterclaim is reserved for further submissions.

Source excerpt

• Waiver/release enforceability
• Spoliation (destruction of evidence)
• Negligence - standard of care for boat lifts
• Admissibility of expert evidence
• Indemnity and contractual indemnification

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Zuo v. Chen

Court

British Columbia Court of Appeal

Although the trial judge erred in parts of her legal analysis (notably on imputation), the essential findings stand: any representations were not intended to induce the appellant and did not induce her, the broker's alleged negligence was not shown to have caused the appellant's loss, the exclusion of certain expert opinions was harmless to the outcome, and the vendor validly accepted repudiation and recovered agreed damages; accordingly the appeals fail.

Source excerpt

• Fraudulent misrepresentation (deceit)
• Negligent misadvice by real estate broker
• Imputation of agent knowledge to principal
• Admissibility of expert evidence
• Causation in negligence
• Counterclaim for breach of contract; damages vs specific performance

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Crawford v. FCA Canada Inc.

Court

Supreme Court of British Columbia

Application dismissed because defendants failed to show the proposed cross-examination would likely yield relevant information beyond what is apparent on the face of the affidavits, and the marginal utility did not outweigh the risk of delay and added cost; timing alone did not preclude consideration but did not justify leave.

Source excerpt

• Certification
• Commonality
• Admissibility of expert evidence
• Leave to cross-examine affidavits
• Preferable procedure
• Timeliness and costs

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Zeynelli v. Bell Canada

Court

Supreme Court of British Columbia

Plaintiff failed to prove on a balance of probabilities that Bell breached any contractual or tortious duty or that Bell's conduct caused the plaintiff's alleged credit score decline and consequent business losses; evidence was speculative or inadmissible and Bell did not report missed payments April–June 2024; defendant succeeds on its counterclaim for unpaid cancellation fees of $760.66 plus statutory interest.

Source excerpt

• Summary trial suitability
• Summary judgment alternative
• Duty of care
• Causation
• Limitation of liability clause
• Admissibility of expert evidence

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Morris v. Primmum Insurance Company

Court

Supreme Court of Nova Scotia

The court denied leave under Rule 55.13(2)(c) because the request was made at the last minute (week before trial), risked prejudice and ambush by introducing definitions or new opinions not in the written report, many requested terms were not addressed in the report so the content and qualifications for those definitions were unclear, and the explanations sought could be obtained from the existing reports and by cross-examination; under Rule 55 written reports are the normal mode of expert direct evidence and the narrow "justice requires" exception was not satisfied.

Source excerpt

• Rule 55 - expert opinion
• Admissibility of expert evidence
• Finish date and deadlines
• Oral testimony of experts
• Cross-examination of experts

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Lavictoire v. Schwarz

Court

Supreme Court of British Columbia

The court held that Zofia Rymgaillo lacked testamentary capacity when she made her 2012 will and declared the will invalid, denying proof in solemn form.

• Testamentary capacity
• Suspicious circumstances
• Burden of proof in probate
• Admissibility of expert evidence
• Hearsay - principled exception
• Role of drafting solicitor

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Moiseiwitsch v. Canadian National Railway Company

Court

Supreme Court of British Columbia

Class action certification arising from the Lytton Fire was granted in part, with negligence, private nuisance and Rylands v. Fletcher certified and several claims struck.

• Some basis in fact test for certification
• Causation
• Duty of care
• Admissibility of expert evidence
• Class definition and common issues
• Aggregate damages

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Financial Services Regulatory Authority of Ontario v. First Swiss Mortgage Corp.

Court

Court of Appeal for Ontario

The Court of Appeal upheld a mortgage discharge, finding First Swiss had actual and apparent authority to accept payout funds and discharge the mortgage on Olympia’s behalf.

• Actual authority
• Apparent authority
• Mortgage discharge
• Bare trustee
• Assignment of mortgage
• Title registration

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Yat Sun Food Products Ltd. v. Griffith Foods International Inc.

Court

Federal Court

The Federal Court allowed Yat Sun’s trademark appeal, set aside the TMOB decision, and refused Griffith’s CHEF’S OWN application after finding confusion likely.

• Likelihood of confusion
• Registrability
• Entitlement to registration
• Distinctiveness
• Admissibility of expert evidence
• Standard of review

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Pike v. Wight

Court

Newfoundland and Labrador Court of Appeal

Application to admit additional evidence on appeal dismissed as irrelevant to issues on appeal; no reversible error found in trial judge’s qualification of treating physician within scope, credibility findings, treatment of business account, division of TFSA/RRSP and accounts receivable, occupation rent calculation, lump-sum spousal support award and costs; appeal dismissed and respondent awarded costs in this Court at Column 3.

Source excerpt

• Spousal support
• Matrimonial property division
• Occupation rent
• Admissibility of expert evidence
• Additional evidence on appeal
• Standard of review

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