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Canada Case Law

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Negligence 2023 NSSM 68

Makary v. Pleasant et al.

The claimant failed to establish on the balance of probabilities that any defendant caused a crack or leak in the septic system or that any breach of contractual or tortious duty caused the asserted damages; evidence showed only minor remedied incidents and a satisfactory inspection, therefore the claim is dismissed.

  • Septic system damage
  • Inspection
  • Holdback provision
  • Breach of duty
  • Causation
  • Damages
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Occupiers' liability 2023 BCSC 966

Ramos v. South Coast British Columbia Transportation Authority

On summary trial, the court held Translink liable for a trip-and-fall at Port Coquitlam station where grass obscured a ramp edge, awarding damages and costs.

  • Duty of care
  • Breach of duty
  • Foreseeability
  • Abatement/maintenance
  • Contributory negligence
  • Causation
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Torts 2021 NSSM 58

Parker v. Colp

Adjudicator found defendant owed a duty and breached it by leaving the front door unlocked, which on balance of probabilities permitted entry and the subsequent theft of the claimant's thumb drives; claimant was 50% contributorily negligent for inadequate data backup, resulting in defendant's liability for 50% of assessed damages; awarded damages and costs accordingly.

  • Duty of care
  • Breach of duty
  • Contributory negligence
  • Damages
  • Credibility of evidence
  • Limitation period
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Occupiers' liability 2020 BCSC 1426

Esau v. Tansley

Summary trial in an occupiers’ liability claim arising from a marina fall. The court held Dicks Fish & Chips owed no duty for the dock area and dismissed the action against it.

  • Duty of care
  • Breach of duty
  • Causation
  • Contributory negligence
  • Definition of occupier
  • Liability allocation between landlord and tenant
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Occupiers' liability 2019 BCSC 878

Herron v. Value Industries Ltd.

On summary trial, the court dismissed a trip-and-fall claim, finding an ordinary curb was not a hazardous condition and the plaintiff's inattention caused the fall.

  • Duty of care
  • Breach of duty
  • Summary trial
  • Trip and fall
  • Standard of care
  • Causation
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Criminal law 2019 BCSC 694

R. v. Brassington

Danny Michaud was sentenced in the Supreme Court of British Columbia to 90 days’ imprisonment in the community for lying to OPP investigators during an RCMP-related investigation.

  • Obstruction of investigation
  • Breach of duty
  • Conditional sentence order
  • Witness management
  • Misleading investigators
  • Rcmp regulations
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Tort 2018 BCSC 2333

Abdi v. Bottomley

The court declined to require the jury to give particulars on negligence findings, holding the case was not complex enough and that probing “why” would invade deliberations.

  • Negligence
  • Jury instructions
  • Causation
  • Breach of duty
  • Standard of care
  • Jury deliberations
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Class actions 2018 FC 642

McLean v. Canada (Attorney General)

The Federal Court certified this Indian Day Schools class proceeding, defined Survivor and Family Classes, set the class period, appointed representative plaintiffs and class counsel, and awarded no costs.

  • Indian day schools
  • Duty of care
  • Breach of duty
  • Breach of fiduciary duty
  • Certification
  • Damages
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Occupier's liability 2017 BCSC 1176

Hickey v. The Roman Catholic Archdiocese of Vancouver

The court dismissed a parishioner's occupiers' liability claim after a choir-loft fall, finding the plaintiff could not prove a hazard caused the injury.

  • Summary judgment/summary trial
  • Liability
  • Causation
  • Breach of duty
  • Evidence and proof
  • Occupiers-liability
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Corporate law 2017 NSSC 151

Winchester's Classic Woman Ltd. v. Getta

Defendant Getta breached his duty as director/officer by inappropriately withdrawing corporate funds; the court quantified recoverable withdrawals and certain foreseeable financing costs but disallowed claims lacking documentary foundation or causal proof; judgment was entered against Getta in the amount of $411,411.04 subject to deduction for prior settlements, third‑party claims against David Jones and Taura Publicover were dismissed/non‑suited, and costs for third parties awarded against Getta.

  • Misappropriation of corporate funds
  • Director/officer duty of care
  • Breach of duty
  • Damages quantification
  • Causation
  • Non‑suit
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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.