Canada Case Law

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

Flanagan v. VINN Automotive Technologies Limited

Court

British Columbia Court of Appeal

The British Columbia Court of Appeal allowed an appeal in part, restoring claims for inducing breach of contract and intentional interference, but upheld the dismissal of negligence.

• Negligence
• Civil conspiracy
• Inducing breach of contract
• Intentional interference with economic relations
• Pleadings - strike
• Fiduciary duty

Read case analysis

Clex Solutions Ltd. v. Gust

Court

Supreme Court of British Columbia

The court found an oral contract for a demo website, rejected most contract claims, held Gust liable in conversion and fiduciary breach, and found Buckley negligent.

• Breach of contract
• Conversion
• Detinue
• Breach of fiduciary duty (ad hoc)
• Unauthorized access to computer systems
• Website redirection/sabotage

Read case analysis

ID Inc. v. Toronto Wholesale Produce Association

Court

Court of Appeal for Ontario

The Court dismissed the appeal: the trial judge's findings of fact were reasonable and not palpably and overridingly erroneous; StrategyCorp did not intend to injure ID Inc. nor use unlawful means; the Consulting Agreement was conditional on a written agreement with TWPA and never came into effect (alternatively StrategyCorp validly repudiated it and ID Inc. accepted by inaction); StrategyCorp did not breach the duty of good faith.

Source excerpt

• Intentional interference with economic relations
• Contract interpretation
• Repudiation and acceptance
• Duty of good faith in contract performance
• Costs

Read case analysis

Flanagan v. VINN Automotive Technologies Limited

Court

Supreme Court of British Columbia

On a motion to strike, the court dismissed four tort claims in a wrongful dismissal case, but allowed the civil conspiracy claim to proceed.

• Wrongful dismissal
• Breach of fiduciary duty
• Negligence
• Inducing breach of contract
• Intentional interference with economic relations
• Civil conspiracy

Read case analysis

Konstan v. Berkovits

Court

Court of Appeal for Ontario

The Court of Appeal held the trial judge applied an overly permissive 'but for' initiation test for abuse of process; a private complainant is not treated as having initiated a prosecution absent evidence they misled, withheld exculpatory information, or otherwise compromised police independence or decision‑making, and the complainant’s improper motive must be predominant; on applying correct tests to the findings, Jack did not initiate the prosecution nor have predominant improper purpose, so abuse of process finding against him was set aside; all other findings (nuisance/interference damage…

Source excerpt

• Abuse of process
• Malicious prosecution
• Defamation
• Nuisance
• Intentional interference with economic relations
• Conspiracy to injure

Read case analysis

Rindt v. Rindt

Court

Supreme Court of British Columbia

The court struck several deficient defamation and interference pleadings, granted limited leave to amend, joined two related family business actions, and removed the plaintiff’s action from fast track.

• Striking pleadings for failure to disclose reasonable cause of action
• Joinder of actions
• Fast track litigation
• Intentional interference with economic relations
• Negligent and fraudulent misrepresentation
• Breach of fiduciary duty

Read case analysis

NRI Solutions Ltd. v. Chohan

Court

British Columbia Court of Appeal

The British Columbia Court of Appeal allowed the appeal and set aside leave to file a third party notice, finding the pleaded tort claim was deficient.

• Third party notice
• Certificate of pending litigation
• Intentional interference with economic relations
• Pleading standards
• Unlawful means tort
• Third-party-notice

Read case analysis

De Cerigo Properties Inc. v. Raffan

Court

Court of Appeal for Ontario

The trial judge's exclusion of the appellants' accounting expert and premature dismissal of the action without permitting the appellants to complete their case violated procedural fairness and constituted an erroneous exercise of discretion; Dr. Rosen's reports, taken on their face, addressed the alleged negligent and improper accounting conduct and were relevant to the pleaded causes of action, so the dismissal was a miscarriage of justice requiring the setting aside of the dismissal and ordering of a new trial.

Source excerpt

• Negligence
• Fraud
• Fraudulent misrepresentation
• Intentional interference with economic relations
• Expert evidence
• Procedural fairness

Read case analysis

Cisneros Mendez v. Hudson Retail Inc.

Court

Supreme Court of British Columbia

The court dismissed an application to add six defendants and new causes of action, finding the proposed amendments were time-barred, unsupported by material facts, and prejudicial.

• Joinder of parties
• Amendment of pleadings
• Limitation period
• Fraud and fraudulent misrepresentation
• Conspiracy
• Vicarious liability

Read case analysis