Canada Case Law

CB v Canada Employment Insurance Commission

Court

Social Security Tribunal of Canada

The Applicant failed to demonstrate an arguable case that the General Division committed procedural unfairness, a legal error, or an important factual error; the General Division correctly identified a $10,500 overpayment and distinguished it from later-changing outstanding balances due to CRA collections; GD13/GD14 did not introduce new substantive material and the claimant had a full opportunity to respond; accordingly there is no reasonable chance of success on appeal and leave is refused.

Source excerpt

• Overpayment
• Debt collection
• Notice of debt
• Procedural fairness
• Leave to appeal
• Jurisdiction

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CB v Canada Employment Insurance Commission

Court

Social Security Tribunal of Canada

On the balance of probabilities the Appellant did not qualify for EI ERB because she had no insurable hours and no earnings in 2019 or the 52-week qualifying period; therefore the $10,500 paid was an overpayment that must be repaid; procedural fairness was not breached; the Tribunal cannot write off the debt and the Commission retains authority to consider waiver/write-off; outstanding debt as of decision is $8,180.

Source excerpt

• Eligibility
• Overpayment and repayment
• Procedural fairness
• Equitable relief
• Write-off/waiver jurisdiction
• Covid-19 emergency benefits

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Buchmann v. 20th & 20th Land Investment Inc.

Court

Supreme Court of British Columbia

The court adjourned an application for an order absolute foreclosure for at least three months so the petitioner could file evidence of marketing efforts and value.

• Foreclosure
• Redemption period
• Conduct of sale
• Adjournment
• Marketing evidence
• Equitable relief

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Hrvoic v. Hrvoic

Court

Court of Appeal for Ontario

The appeal is dismissed because the trial judge made permissible findings of fact and mixed fact and law: she accepted credible evidence of an agreement and conduct establishing 50/50 shareholdings, reached a valuation within the experts' ranges, correctly applied limitation principles finding the claim not statute-barred, and properly exercised equitable discretion in relation to the clean hands arguments; the counterclaim lacked proven loss.

Source excerpt

• Shareholder dispute
• Share valuation
• Constructive trust
• Clean hands doctrine
• Limitations period
• Equitable relief

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Hrvoic v. Hrvoic

Court

Court of Appeal for Ontario

Given the breadth of discretion under r.63.01(5), the chambers judge did not err: he relied on unchallenged evidence of the respondents unemployment and financial hardship, the appellant did not contest liability and effectively conceded a best case figure of $1,874,400, and therefore lifting the stay to that amount was just and not unreasonable.

Source excerpt

• Stay pending appeal
• Automatic stay
• Equitable relief
• Share purchase
• Valuation
• Costs

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McLean Estate v. The King

Court

Tax Court of Canada

The Court granted the respondent's motion to quash because it lacks statutory authority to waive interest on an assessment; the Income Tax Act permits the Minister to charge interest for the period from the statutory balance‑due date to the date of reassessment and the Court cannot grant equitable relief that would conflict with the Act; the appropriate remedy is an application to the Minister under the taxpayer relief provisions (s.223.1 and related guidance).

Source excerpt

• Jurisdiction
• Taxpayer relief
• Interest on assessments
• Statutory interpretation
• Equitable relief

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MN v Minister of Employment and Social Development

Court

Social Security Tribunal of Canada

The appeal is dismissed because the Old Age Security Act requires a written cancellation request within six months of the day pension payments start, the appellant did not submit such a request within that period and his reconsideration request did not constitute a cancellation request; additionally the Tribunal cannot provide equitable relief to override the statutory requirements.

Source excerpt

• Old age security cancellation
• Reconsideration requests
• Equitable relief
• Reciprocal social security agreement
• Residency qualification

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Canada (Attorney General) v. Gregorio

Court

Federal Court

The Federal Court dismissed judicial review of a Social Security Tribunal leave-to-appeal decision as premature, and held it was reasonable in any event.

• Leave to appeal
• Prematurity
• Credibility assessment
• Standard of review - reasonableness
• Equitable relief
• Costs

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1164803 BC Ltd. v. ACME Visa Solutions Limited

Court

Supreme Court of British Columbia

The court granted the landlord a writ of possession, finding the termination notice valid, the tenant’s renewal notice ineffective, and no basis for relief from forfeiture.

• Writ of possession
• Lease termination
• Notice requirements
• Renewal option
• Relief from forfeiture
• Good faith

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Segura Mosquera v. Rogers Communications Inc.

Court

Court of Appeal for Ontario

The appellant failed to demonstrate that the claim could not be justly and fairly resolved in the Small Claims Court: she did not file a draft statement of claim or show factual basis for equitable relief or claims against CRTC/CCTTS, she failed to identify discovery that could only be obtained in Superior Court, and therefore the discretionary transfer was correctly refused.

Source excerpt

• Transfer between courts
• Small claims jurisdiction
• Pre-trial discovery
• Equitable relief
• Addition of parties
• Costs

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