Canada Case Law

Murray v. Young

Court

Supreme Court of British Columbia

The application to add Michael Holmes and Pemberton Holmes Ltd. is dismissed because the plaintiff failed to plead or establish an independent relationship with the proposed defendants and a loss distinct from the company's loss; therefore the Foss v. Harbottle derivative action doctrine bars the individual claims and the threshold under R.6-2(7)(c) was not met; additionally the July 31, 2020 release likely encompasses agents and further undermines the claim.

Source excerpt

• Joinder/joinder of parties
• Derivative action/foss v. harbottle
• Fiduciary duties
• Agency
• Release and settlement
• Limitation period

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Canstar Restorations Limited Partnership v. MBW Canada Holding Inc.

Court

Supreme Court of British Columbia

The application is allowed: the Work Authorization unambiguously permitted Canstar to take direction from the insurer's adjuster and to perform and invoice for emergency restoration work; MBW received insurer payments intended for Canstar and breached the Work Authorization by failing to pay Canstar within the contractual time, entitling Canstar to judgment for the invoiced amounts plus contractual interest and costs; the contractual issues were suitable for summary trial as they were discrete and not inextricably interwoven with MBW's counterclaim.

Source excerpt

• Breach of contract
• Payment of invoices
• Summary trial suitability
• Agency
• Contract interpretation
• Interest and costs

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C & W Offshore Ltd. v. The King

Court

Tax Court of Canada

The Tax Court confirmed Part XIII withholding tax and penalties on rental payments to a UK company, finding it was the beneficial owner and not an agent for Norway.

• Withholding tax
• Beneficial ownership
• Agency
• Treaty interpretation
• Due diligence penalty defence
• Withholding-tax

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Liu v. Hao

Court

Court of Appeal for Ontario

Ontario Court of Appeal dismissed an appeal from summary judgment holding the appellants liable for misapplied mortgage-investment funds, and denied leave on costs.

• Summary judgment
• Agency/ostensible authority
• Joint and several liability
• Punitive damages
• Professional conflict of interest
• Misapplication of trust funds

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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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Steelhead LNG Limited Partnership v. ARC Resources Ltd.

Court

Supreme Court of British Columbia

The court struck Steelhead’s claims against Pembina in a commercial pleading motion, but allowed an amended notice of civil claim within 45 days.

• Breach of confidence
• Knowing receipt
• Unjust enrichment
• Inducing breach of contract
• Intentional interference with contractual relations
• Constructive trust

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Louie v. Security National Insurance Company

Court

Supreme Court of British Columbia

The court dismissed a defencants’ application to strike the action for want of prosecution, finding the delay inordinate but not enough to justify dismissal on balance.

• Want of prosecution
• Dismissal for delay
• Discovery
• Agency
• Remediation
• Costs

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Shortreed Joint Venture Ltd. v. Guvi

Court

Supreme Court of British Columbia

The court dismissed Shortreed Joint Venture Ltd.’s negligence and fiduciary duty claims against its solicitor and firm, finding no recoverable loss and no tort breach.

• Solicitor negligence
• Duty of care
• Breach of fiduciary duty
• Settlement agreement formation
• Agency
• Misappropriation/conversion

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Acciona Wastewater Solutions LP v. Greater Vancouver Sewerage and Drainage District

Court

Supreme Court of British Columbia

The court dismissed a trial adjournment request, amended the document-production timetable, and ordered GVS&DD to include certain AECOM-held project files in its list of documents.

• Adjournment application
• Document production
• Control of documents
• Agency
• Case plan amendment
• Electronic document exchange protocol

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British Columbia v. 1084204 B.C. Ltd.

Court

British Columbia Court of Appeal

The Court of Appeal allowed the Province’s appeal, reinstating an additional transfer tax assessment because legal title transfer, not beneficial ownership, triggered liability.

• Property transfer tax
• Additional transfer tax
• Taxable transaction
• Transferee
• Foreign entity
• Bare trust

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