Canada Case Law

AFX Mixing & Pumping Technologies Inc. v. McKinon

Court

Supreme Court of British Columbia

The application to add Mixtec as a defendant is dismissed because the proposed amended pleadings fail to particularize the necessary elements of knowing assistance and knowing receipt and lack specific allegations against Mixtec for any conspiracy; the deficiencies render the claims destined to fail and amendment is refused with liberty to reapply on a revised pleading addressing specificity and necessary elements.

Source excerpt

• Joinder of parties
• Amendment of pleadings
• Knowing assistance
• Knowing receipt
• Breach of fiduciary duty
• Civil conspiracy

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Rona Inc. v. Rockhard Construction Limited

Court

Supreme Court of Nova Scotia

The Court found on the balance of probabilities that Greater Construction Inc. incurred and owed the $253,107.49 debt as evidenced by Rona’s Aged Trial Balance and supporting business records; the corporate veil of Greater Construction was pierced because its directing mind, Saeid Saberi, exploited the company as his alter ego, engaged in dishonest conduct and failed to disclose documents, justifying an adverse inference and personal liability; other corporate entities and individuals (including Navid Saberi) were not shown to be similarly liable; prejudgment interest at 5% per annum for five…

Source excerpt

• Piercing corporate veil
• Directing mind liability
• Debt recovery
• Personal guarantees
• Pre-judgment interest
• Disclosure and adverse inference

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Singh v. Sidhu

Court

Supreme Court of British Columbia

Read as a whole the NOCC pleads material facts supporting a proprietary claim by way of a constructive trust arising from a predominant purpose conspiracy, thus the CPLs were valid; however, on the s.256/257 hardship analysis two CPLs (University Drive and Kelowna) caused non‑trivial hardship and were discharged subject to payment into court of net proceeds up to $100,000, while the CPLs on the two project properties were retained because the applicant failed to show the required causal connection between the CPLs and inability to obtain financing.

Source excerpt

• Certificate of pending litigation
• Constructive trust
• Civil conspiracy
• Tracing
• Hardship and inconvenience
• Land title act ss.215,256,257

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Tietz v. BLOK Technologies Inc.

Court

British Columbia Court of Appeal

The chambers judge erred in excluding early sellers and in dividing the class into Canadian and non-Canadian subclasses; s.140.3 of the Securities Act applies to issuers with a real and substantial connection to British Columbia regardless of the exchange through which shares were acquired, and the pleadings sufficiently allege an overarching conspiracy so certification was appropriate; appeal allowed to include early sellers and remove subclass division; cross-appeal dismissed.

Source excerpt

• Secondary market misrepresentation
• Civil conspiracy
• Class certification
• Preferable procedure
• Multiple conspiracies problem
• Early sellers exclusion

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Khaira v. Randhawa

Court

British Columbia Court of Appeal

The appeal is allowed in part: post-judgment interest is governed by the Court Order Interest Act and cannot be displaced by a contractual rate; however, where a tort (civil conspiracy) deprived the plaintiff of the ability to collect a contractual debt, the tort damages include the principal and contractual interest accrued to the date of the deprivation, and the court may appropriately apply the contractual rate under s.1 of the Act for the prejudgment period to the date of the order.

Source excerpt

• Post-judgment interest
• Pre-judgment interest
• Contractual interest
• Fraudulent conveyance
• Civil conspiracy
• Declaration of trust

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Unified Fisheries Conservation Alliance v. Independent Fisheries Limited

Court

Supreme Court of Nova Scotia

Defendants failed to meet the persuasive burden to show that the Amended Statement of Claim lacked required material particulars under CPR 38.03(3); many demands sought evidentiary detail or information likely solely within defendants' knowledge and not material facts that must be pleaded. Given the regulatory complexity and public interest, disclosure/production and discovery are the appropriate mechanisms to develop the detailed factual record, so an order for further particulars is not warranted and the motion is dismissed.

Source excerpt

• Particulars and pleading requirements
• Civil conspiracy
• Intentional interference with economic relations
• Unjust enrichment
• Trespass
• Novel tort doctrine

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Flanagan v. VINN Automotive Technologies Limited

Court

British Columbia Court of Appeal

The British Columbia Court of Appeal allowed an appeal in part, restoring claims for inducing breach of contract and intentional interference, but upheld the dismissal of negligence.

• Negligence
• Civil conspiracy
• Inducing breach of contract
• Intentional interference with economic relations
• Pleadings - strike
• Fiduciary duty

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Lamb v. Sun Life Assurance Company of Canada

Court

Supreme Court of British Columbia

Cour suprême de la C.-B. autorise en partie Sun Life à modifier sa contre-demande et ordonne une divulgation documentaire ciblée, tout en rejetant la reprise générale des dommages pécuniaires.

• Amendment of pleadings
• Document production/disclosure
• Privilege (solicitor-client and litigation)
• Civil conspiracy
• Disgorgement
• Punitive damages

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Moon v. International Alliance of Theatrical Stage Employees (Local 891)

Court

Supreme Court of British Columbia

Summary trial dismissal of privacy, contract, negligence, conspiracy and statutory claims arising from a union audit report disclosure; only John Doe remains.

• Pipa
• Privacy act s.1
• Section 57 pipa actual harm
• Issue estoppel
• Summary trial appropriateness
• Breach of contract for elected office

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Bui v. Cargill, Incorporated

Court

Supreme Court of British Columbia

The court certified the action for settlement purposes against settling defendants and approved the proposed settlement notice and dissemination plan.

• Price fixing/anti‑competitive conduct
• Certification for settlement
• Notice and dissemination
• Opt‑out rights
• Civil conspiracy
• Class-actions

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