Canada Case Law

Keltic (Prior) Development Limited Partnership v. Van Renesse Investment Company Ltd.

Court

Supreme Court of British Columbia

The court struck multiple portions of the amended response because, assuming the pleaded facts, they disclosed no reasonable defence, were irrelevant or prejudicial: commercial negotiation precluded contra proferentem arguments; indemnity and "as is" clauses did not permit contracting out of the EMA; a purchase agreement with an indemnity clause is not an insurance contract under the Insurance Act; limitation and offset defences were inadequately pleaded. The court refused to extend time to file the proposed counterclaim because the proposed claim was legally weak, materially different in sub…

Source excerpt

• Indemnity clause
• Contaminated site remediation
• Strike pleadings
• Counterclaim extension
• Contra proferentem
• Duty of utmost good faith

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Guo v. Wang

Court

British Columbia Court of Appeal

Appeal in a failed real estate development dispute allowed in part: negligent misrepresentation and fiduciary duty findings were set aside, while contract and indemnity liability were upheld.

• Negligent misrepresentation
• Breach of contract
• Breach of fiduciary duty
• Indemnity clause
• Causation
• Damages

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Beigi v. FMS Medical Systems Ltd.

Court

Supreme Court of British Columbia

The Court found Abouzar Amiri did not sign the loan agreement, accepted that his signature was forged, dismissed the claim against him, and held Payman Mohajer liable under the indemnity.

• Loan agreement
• Indemnity clause
• Signature forgery
• Handwriting expert opinion
• Credibility assessments
• Default judgment enforcement

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Rumney v. Brownschlaigle

Court

Supreme Court of British Columbia

The court allowed a summary trial application and held that Clause 11 of a property management agreement required the owner to indemnify the agent, finding no gross negligence or ambiguity.

• Indemnity clause
• Duty to defend / pleadings rule
• Gross negligence
• Contract interpretation
• Contra proferentem
• Summary trial suitability

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The Owners, Strata Plan VIS 1549 v. Cinnabar Brown Holdings Ltd.

Court

Supreme Court of British Columbia

The court dismissed Cinnabar Brown Holdings Ltd.’s appeal from a registrar’s assessment, holding the reference was limited to reasonableness of indemnified expenses.

• Indemnity clause
• Costs assessment
• Issue estoppel
• Fiduciary duty
• Procedural fairness
• Costs-assessment

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Sellappah v. Ivanhoe Cambridge Inc.

Court

Supreme Court of British Columbia

On a slip-and-fall claim, the court held Alpine must defend and indemnify Ivanhoe under a janitorial contract, but deferred any ruling on damages or settlement payments.

• Duty to defend
• Indemnity clause
• Save harmless/hold harmless clause
• Occupiers' liability
• Slip and fall
• Duty-to-defend

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Hudson's Bay Company v. Cherry Lane Holdings

Court

Supreme Court of British Columbia

The court held Cherry Lane was the substantially successful party, but the lease did not clearly support full indemnity costs. Double costs were awarded from May 17, 2021.

• Relief from forfeiture
• Costs awards
• Injunction
• Offer to settle
• Indemnity clause
• Double costs

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Bergen Properties Ltd. v. Seasons Management Company Ltd.

Court

Supreme Court of British Columbia

The court granted leave to file an amended third party notice, holding the proposed claim had arguable merit and that limitation issues should be decided later.

• Third party notice (rule 3-5)
• Indemnity clause
• Limitation act s.22(5) discretion
• Estoppel to limit limitation defence
• Contribution and indemnity under ema
• Third-party-notice

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Founders Square Limited v. GDI Services (Canada) LP

Court

Supreme Court of Nova Scotia

Court granted partial summary judgment to GDI for $58,365.83 plus interest but exercised its discretion under Rule 13.07(2) to stay enforcement because FSL demonstrated with affidavit evidence that its contract-based counterclaims are sufficiently connected to GDI’s claim that permitting immediate enforcement would be manifestly unfair; the stay is appropriate notwithstanding that some protest-related actions targeted the union or third parties.

Source excerpt

• Summary judgment
• Equitable set-off
• Indemnity clause
• Stay of judgment
• Counterclaim for unpaid invoices

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Ohman v. Synq Access + Technology Limited

Court

Supreme Court of British Columbia

The court held that a promissory note’s collection clause entitled the plaintiff to solicitor-client costs, with quantum to be assessed by the registrar.

• Promissory note
• Indemnity clause
• Special costs
• Contra proferentem
• Solicitor-client costs
• Promissory-note

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