Canada Case Law

Tsawwassen First Nation v. Martinolich

Court

Supreme Court of British Columbia

The Retaining Wall, Fill and Concrete Pad directly encroached onto TFN's Lot 4 and, by remaining after notification, constituted a continuing trespass at common law and under the TFN Land Act; the 2014 construction of a substantial new retaining wall inside the Bluff Management Zone without required improvement permits, committee approval or a sealed geotechnical opinion breached the Headlease and TFN building regulation; equitable relief in the form of a mandatory injunction ordering removal and restoration is warranted and TFN is entitled to solicitor-client costs under the clear indemnity…

Source excerpt

• Trespass
• Injunctive relief
• Lease/headlease compliance
• Solicitor-client costs indemnity
• Land management/bluff stabilization
• Statutory trespass under land act

Read case analysis

Yinghe Investment (Canada) Ltd. v. Liu

Court

Supreme Court of British Columbia

The court concluded the New Oppression Petition duplicates and substantially overlaps prior litigation and, given prior adjudications (including Warren J.'s dismissal and the effective dismissal by Matthews J. of the Strata Ownership Action subject to reconsideration/appeal), constituted an abuse of process and res judicata as against CCM, Run Guo and Xin Liu and must be struck; the New Action was stayed pending resolution of the Strata Ownership Action reconsideration and appeal, but Mr. Chen's distinct Management Fee Claim was allowed to proceed because it is a separate personal contractual…

Source excerpt

• Oppression remedy (s.227 bca)
• Abuse of process
• Res judicata
• Issue estoppel
• Cause of action estoppel
• Limitation periods

Read case analysis

Unified Fisheries Conservation Alliance v. Independent Fisheries Limited

Court

Supreme Court of Nova Scotia

Defendants failed to meet the persuasive burden to show that the Amended Statement of Claim lacked required material particulars under CPR 38.03(3); many demands sought evidentiary detail or information likely solely within defendants' knowledge and not material facts that must be pleaded. Given the regulatory complexity and public interest, disclosure/production and discovery are the appropriate mechanisms to develop the detailed factual record, so an order for further particulars is not warranted and the motion is dismissed.

Source excerpt

• Particulars and pleading requirements
• Civil conspiracy
• Intentional interference with economic relations
• Unjust enrichment
• Trespass
• Novel tort doctrine

Read case analysis

Samsung Bioepis Co., Ltd. v. Novartis AG

Court

Federal Court of Appeal

The Federal Court of Appeal held that the trial judge did not commit a reversible error: patients are a relevant class of consumers for the confusion analysis in this context, the surrounding circumstances (including oral communication and repackaging practices) supported a finding of likelihood of confusion between BEOVU and BYOOVIZ, passing off was established, and injunctive relief plus nominal damages ($20,000) were appropriate; the appeals and cross-appeals were dismissed.

Source excerpt

• Likelihood of confusion
• Consumer attitude in confusion analysis
• S.6(5) surrounding circumstances
• Injunctive relief
• Nominal damages
• Accounting of profits

Read case analysis

David v. Song

Court

Supreme Court of British Columbia

Assessment of special costs after trial in a neighbour dispute. The registrar awarded the plaintiffs $335,000 inclusive of taxes and disbursements and declined further document production.

• Special costs
• Easement
• Injunctive relief
• Self-represented litigants
• Apology act
• Special-costs

Read case analysis

Girouard v. Smith

Court

Supreme Court of British Columbia

The court refused the injunctive relief sought in Girouard v. Smith, but held the plaintiff had a bona fide claim when the action began and awarded costs on Scale B.

• Nuisance
• Injunctive relief
• Veiled threats
• Credibility assessment
• Trespass
• Criminal acquittal

Read case analysis

Fang v. Yin

Court

Court of Appeal for Ontario

The Court of Appeal upheld summary judgment, a resulting trust declaration, an injunction, a reference for damages, and dismissal of the counterclaim.

• Partnership
• Resulting trust
• Summary judgment
• Injunctive relief
• Reference for quantum
• Harassment and assault

Read case analysis

Xatsull First Nation v. Minister of Mining and Critical Minerals

Court

Supreme Court of British Columbia

The court dismissed Xatsull First Nation's judicial review, holding that the Province reasonably approved Mount Polley's Interim TSF Raise under Condition #2 of the EAC.

• Duty to consult
• Environmental assessment act (eaa 2018)
• Environmental assessment certificate amendment
• Mines act permitting
• Reasonableness review
• Procedural fairness

Read case analysis

Bonspille v. Mohawk Council of Kanesatake

Court

Federal Court

The Federal Court dismissed an urgent injunction motion to stop a Kanesatake ratification vote, finding no urgency, no serious issue, and no irreparable harm.

• Injunctive relief
• Online voting
• Law-making process
• Governance code compliance
• Jurisdictional competence
• Interlocutory-injunction

Read case analysis

Este v. West Vancouver (District)

Court

British Columbia Court of Appeal

The Court of Appeal granted leave to appeal and a partial stay in a municipal demolition-order dispute, after new evidence raised an arguable apprehension of bias.

• Injunctive relief
• Demolition order
• Reasonable apprehension of bias
• Stay pending appeal
• Community charter enforcement
• Building bylaw enforcement

Read case analysis