Canada Case Law

S.T.H. v. Ivanhoe Cambridge Inc.

Court

Supreme Court of British Columbia

Defendants admitted liability for assault, battery, false arrest and false imprisonment; on the evidence the guards used excessive and unjustified force causing compensable physical injury and chronic PTSD; plaintiff did not fail to mitigate; aggravated harm is reflected in an augmented non-pecuniary award; Paladin's training and investigatory failures constituted conduct referable to the employer warranting punitive damages against Paladin alone; damages quantified accordingly.

Source excerpt

• Assault and battery
• False arrest
• False imprisonment
• Aggravated damages
• Punitive damages
• Causation

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Brooks v. Thibeault

Court

Supreme Court of British Columbia

The Supreme Court of British Columbia struck a self-represented plaintiff’s civil claim as disclosing no reasonable cause of action and as an abuse of process.

• Striking pleadings
• Abuse of process
• Duty of care
• False imprisonment
• Fraud pleading standards
• Crown immunity

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Bahinipaty v. Vancouver Coastal Health Authority (Vancouver General Hospital)

Court

Supreme Court of British Columbia

The court granted summary dismissal of a medical malpractice and fraud claim, finding no admissible expert evidence, no basis for conspiracy, and valid consent to surgery.

• Summary trial suitability
• Expert evidence admissibility
• Informed consent
• Battery
• False imprisonment
• Intentional infliction of nervous shock

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Dang v. Canada (Attorney General)

Court

Supreme Court of British Columbia

The court dismissed certification of a proposed Fairy Creek class action, holding the class was overbroad and the alleged RCMP conduct required individualized assessments.

• Charter breaches (ss.2,7,8,9)
• Exclusion zones and checkpoints
• Catch-and-release detention policy
• False imprisonment
• Assault and battery
• Conversion and trespass

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Doe v. Edgewood Holdings (2013) Ltd.

Court

Supreme Court of British Columbia

The court granted leave to add informed consent allegations to a pleading, but left limitation defences open for trial and rejected the request for a clean copy.

• Informed consent
• Negligence
• Breach of fiduciary duty
• False imprisonment
• Amendment of pleadings
• Limitation periods

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Liivam v. MacKay Contracting Ltd.

Court

Supreme Court of British Columbia

The court found an indefinite employment contract, held MacKay breached its duty in assessing a probationary employee, and awarded damages against MacKay only.

• Wrongful dismissal
• Probationary employment
• Employer good faith
• Aggravated damages
• Punitive damages
• False imprisonment

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John Doe v. Edgewood Holdings (2013) Ltd.

Court

Supreme Court of British Columbia

The court dismissed a plaintiff’s application to amend pleadings for informed consent and vicarious liability claims, but allowed him to renew with a better draft.

• Amendment of pleadings
• Informed consent
• Vicarious liability (material closeness)
• Limitation period and late amendments
• False imprisonment
• Breach of fiduciary duty

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Cannon v. Canada

Court

Federal Court

The Federal Court struck Richard Cannon’s claim against Canada, finding no reasonable cause of action was pleaded and denying leave to amend.

• Freedom of association (charter s.2)
• False imprisonment
• Intentional infliction of emotional harm
• Negligence
• Motion to strike (rule 221)
• Leave to amend

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Inlakhana v. Canada (Attorney General)

Court

Court of Appeal for Ontario

The motion judge did not err: there was no evidence establishing a breached standard of care for the 43‑day processing delay and the delay was not contrary to s.7 because the Parole Board's statutorily mandated review justified the time taken; however the Court of Appeal clarified the summary judgment only disposed of the stand‑alone claims about the 43‑day implementation delay and did not extinguish broader claims relating to the full 26‑month overdetention. Costs awarded to respondent.

Source excerpt

• Section 7 liberty
• Accelerated parole review
• Duty of care/negligence
• False imprisonment
• Damages
• Statutory process for parole

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Veeken v. British Columbia

Court

Supreme Court of British Columbia

The court struck the plaintiff’s claim and Charter notice, holding claims against the judge were barred by judicial immunity and other claims disclosed no reasonable cause of action.

• Judicial immunity
• Charter damages
• False imprisonment
• Negligent investigation
• Vicarious liability
• Breach of privacy

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