Canada Case Law

Ruparell v. J.H. Cochrane Investments Inc.

Court

Court of Appeal for Ontario

The Court held that the trial judge did not err in finding the parties agreed on the essential terms by April 24, 2020, such that a binding contract existed; the trial judge properly exercised discretion to refuse specific performance and to award $5,000,000 as damages reflecting the proven lost bargaining surplus, and the counterclaim based on the letter of intent was correctly dismissed.

Source excerpt

• Formation of contract
• Specific performance
• Letter of intent
• Damages for breach
• Certainty of terms
• Intention to be bound

Read case analysis

Pedrozo v. Hope

Court

Supreme Court of British Columbia

Summary trial on a separation agreement: the court awarded damages for breach of a life-insurance security clause, dismissed a boat claim as statute-barred, and rejected an Aeroplan points claim.

• Breach of contract
• Life insurance beneficiary designation
• Spousal support
• Child support
• Separation agreement enforcement
• Limitation period for property claims

Read case analysis

Kent v. Kalyk

Court

Supreme Court of British Columbia

In this summary trial, the court held the vendors repudiated the land sale contract and the buyer’s February 15 letter timely accepted that repudiation.

• Repudiation
• Time is of the essence
• Acceptance/election on repudiation
• Damages for breach
• Non-resident tax clearance (cra)
• Time-is-of-the-essence

Read case analysis

McMillan v. McMillan

Court

British Columbia Court of Appeal

The Court of Appeal dismissed a family law arbitration appeal, holding the chambers judge did not find a breach of the arbitration agreement and the damages award was reasonable.

• Arbitration agreement
• Stay of proceedings
• Competence-competence
• Damages for breach
• Standard of review
• Contractual interpretation

Read case analysis

Spring Hill Farms Limited Partnership v. Nose

Court

British Columbia Court of Appeal

Appeal dismissed from a summary trial judgment enforcing a settlement agreement. The court held the case was suitable for summary determination and the original promissory note was not a condition precedent.

• Formation of contract
• Condition precedent vs condition subsequent
• Summary trial / rule 18a
• Release
• Damages for breach
• Summary-trial

Read case analysis

Szechuan Chongqing Seafood Restaurant (1993) Ltd. v. Wang

Court

British Columbia Court of Appeal

B.C. Court of Appeal held the vendor had to provide the buyer occupancy of the restaurant premises, and the buyer's waiver of conditions did not shift that risk.

• Condition precedent
• Waiver
• Implied terms
• Assignment of lease
• Occupancy
• Damages for breach

Read case analysis

Starr v. Cusack

Court

Supreme Court of British Columbia

Summary trial on a marriage agreement: the court found no repudiation, awarded damages for limited breaches, and reapportioned proceeds of sale of the former matrimonial home.

• Marriage agreement
• Repudiation
• Reapportionment under s.65 fra
• Lines of credit
• Damages for breach
• Spousal support waiver

Read case analysis

Bear Mountain Construction Ltd. v. Bishop

Court

Supreme Court of Nova Scotia

Termination was justified because the contractor's conduct (insults and sexist remark) and serious defective work (unvented drains and live electrical wire under a bathroom floor) deprived the owners of substantially the whole benefit of the contract; damages for the owners' losses were assessed at $5,000 for repairs which set off against the deposit yielded a net judgment in favour of the plaintiff for $2,000.

Source excerpt

• Wrongful termination
• Builder's lien
• Damages for breach
• Set-off
• Expert evidence (rule 55)
• Building safety and code compliance

Read case analysis

Mannell v. Okoakih

Court

Court of Appeal for Ontario

Because the contract contained a time of the essence provision, the vendors were under no obligation to extend the closing date; the purchaser failed to tender funds after closing; the vendors took reasonable steps to mitigate; therefore the motion judge correctly granted summary judgment to the vendors and the appeal was dismissed.

Source excerpt

• Sale of land
• Time of the essence
• Mitigation of damages
• Summary judgment
• Damages for breach

Read case analysis

Joseph Wood Construction Ltd. v. Kolisnyk

Court

Supreme Court of British Columbia

Construction subcontract dispute over alleged abandonment, remedial costs, retained wall components, and set-off. The court found mixed liability and netted the parties’ claims.

• Wrongful termination
• Abandonment of contract
• Damages for breach
• Possession of chattels
• Subcontractor disputes
• Set-off

Read case analysis