Canada Case Law

Northern Health Authority v. du Plessis

Court

British Columbia Court of Appeal

The Court dismissed both the appeal and cross‑appeal because the central questions identified by the parties were predominantly mixed questions of fact and law arising from the arbitrator's factual findings and application of legal tests; the arbitrator reasonably concluded the PHO Order did not apply to the respondent given his unique factual arrangement and did not err in law in his interpretation; the cross‑appellant failed to identify an extricable question of law arising from the remedy award.

Source excerpt

• Frustration of contract
• Statutory interpretation
• Termination without cause
• Reasonable notice
• Repudiation
• Damages

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Mitchell v. Perry

Court

Supreme Court of British Columbia

The court ordered release of a $50,000 real estate deposit to the sellers, rejecting the buyers’ claims for frustration of contract and relief from forfeiture.

• Forfeiture of deposit
• Relief from forfeiture
• Frustration of contract
• Damages
• Summary trial
• Forfeiture-of-deposit

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Gaitanis v. The King

Court

Tax Court of Canada

The Tax Court dismissed Lazaros Gaitanis’s appeal from a GST/HST new housing rebate assessment because he did not prove the required intention at signing.

• New housing rebate
• Qualification requirements
• Intention test
• Definition of relation
• Frustration of contract
• Subsection 254(2)

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Ferguson v. Candou Industries Ltd.

Court

Supreme Court of British Columbia

The court quashed an RTB decision after finding procedural unfairness in a post-hearing amendment and patent unreasonableness in the handling of frustration under s. 56.1.

• Procedural fairness
• Standard of review
• Patent unreasonableness
• Frustration of contract
• Remittal
• Administrative procedure

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Brooks v FH Development Group Inc.

Court

Supreme Court of Nova Scotia

Respondent failed to prove materials or labour were unavailable or that cost increases rendered performance radically different; respondent continued building similar houses for purchasers who paid increases, did not adequately disclose supplier evidence, did not validly abandon its price demand, and could not rely on clause 7.1; therefore contract was not frustrated, respondent breached the fixed-price, time‑is‑of‑the‑essence Agreement, applicants validly terminated on the closing date, and are entitled to damages of $280,510 plus pre-judgment interest; punitive damages denied.

Source excerpt

• Frustration of contract
• Force majeure
• Breach of contract
• Mitigation of damages
• Punitive damages
• Pre-judgment interest

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Miawpukek First Nation v. Howse

Court

Federal Court

The Federal Court dismissed judicial review and upheld an unjust-dismissal adjudicator’s reinstatement order for a Miawpukek First Nation employee, while also upholding the refusal of supplemental compensation.

• Unjust dismissal
• Reinstatement
• Remedies
• Frustration of contract
• Costs
• Unjust-dismissal

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Arbutus Capital Leasing Ltd. v. 1265644 B.C. Ltd.

Court

Supreme Court of British Columbia

The court set aside a default judgment against Zhao Shanyi, found service had not been proved, accepted the application was timely, and allowed a defence.

• Setting aside default judgment
• Service validation
• Meritorious defence
• Breach of contract
• Frustration of contract
• Unconscionability

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M.T. Johnstone Construction Ltd. v. Rashidi

Court

Court of Appeal for Ontario

The motion judge correctly concluded there was no evidentiary basis that the realtor's alleged oral promise bound the respondent, the APS's express assignment conditions (consent and $20,000 fee) were not met, and the respondent acted reasonably to mitigate its damages; the appellant failed to raise a genuine issue for trial and did not discharge the burden to prove mitigation was unreasonable, so summary judgment was appropriate.

Source excerpt

• Breach of contract damages
• Mitigation of damages
• Assignment of contract
• Summary judgment
• Frustration of contract
• Costs

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Canada Life Assurance Company v. Siddoo A.K. Investments Ltd.

Court

Supreme Court of British Columbia

The court dismissed Canada Life’s document production application, finding the demand procedurally defective, largely irrelevant to the pleaded issues, and tainted by an apparent ulterior purpose.

• Frustration of contract
• Breach of lease
• Document production
• Implied undertaking of confidentiality
• Abuse of process
• Fraudulent conveyance and preference

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Cooperstone v. Huszti

Court

Supreme Court of British Columbia

The court held the defendant’s failure to close a residential purchase was a breach, not frustration, despite an insurance moratorium, and ordered forfeiture of the deposit.

• Frustration of contract
• Breach of contract
• Forfeiture of deposit
• Force majeure
• Financing condition
• Frustration-of-contract

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