Canada Case Law

Lees v. Parker

Court

Supreme Court of British Columbia

Plaintiff did not consent to entry or removal of the tree; the trespass was committed by third parties at the direction and for the benefit of the defendant and her partner; defendant knowingly assisted by seeking an arborist and paying the cutter and thus acted in furtherance of a common design, making her a joint tortfeasor. Compensatory damages awarded for restoration ($41,776) and loss of amenity ($10,000); special damages for air conditioning rejected for lack of mitigation and evidentiary support; punitive damages awarded ($10,000) for deterrence and denunciation.

Source excerpt

• Trespass
• Joint tortfeasor
• Consent
• Mistake
• Damages
• Punitive damages

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Tambosso v. Nguyen

Court

British Columbia Court of Appeal

The Court of Appeal refused an extension of time to file an appeal record, dismissed related relief, and ordered only limited sealing of sensitive identity documents.

• Extension of time
• Stay pending appeal
• Sealing order
• Summary trial
• Duress
• Mistake

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Pyxis Real Estate Equities Inc. v. Canada (Attorney General)

Court

Court of Appeal for Ontario

The Court allowed the appeal because the executed corporate resolutions accurately recorded the parties' agreement to pay a $1,400,000 capital dividend; rectification cannot be used to alter an agreement to avoid an unintended tax consequence, so the application judge erred in granting rectification.

Source excerpt

• Rectification
• Capital dividend account
• Income tax — part iii
• Mistake
• Equitable remedies

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Nguyen v. Tambosso

Court

Supreme Court of British Columbia

The court found binding Bitcoin loan contracts requiring Tambosso to return 22 BTC. His defences failed, and Nguyen recovered damages based on breach-date value.

• Formation and interpretation of contract
• Breach of contract
• Damages assessment
• Frustration and impossibility
• Mistake
• Duress

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1380882 B.C. Ltd. v. Aztec Properties Company Ltd.

Court

Supreme Court of British Columbia

The court set aside an ex parte injunction for material non-disclosure and refused to grant a new injunction in a commercial lease dispute.

• Lease renewal
• Ex parte disclosure and non-disclosure
• Mandatory vs prohibitive injunctions
• Settlement agreement validity
• Duress
• Mistake

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Piquancy Enterprises Ltd. v. Centurion Apartment Properties (Scott Road 1) Inc.

Court

Supreme Court of British Columbia

Canada. The court upheld a commercial lease despite ventilation concerns, rejected misrepresentation, mistake, and frustration defences, and awarded damages against the tenant and its directors.

• Lease enforcement
• Indemnity
• Misrepresentation
• Mistake
• Frustration
• Damages

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Campbell v. Campbell

Court

British Columbia Court of Appeal

The Court of Appeal dismissed an appeal over whether a correspondence-based settlement was binding and limited to family property and debt, not spousal support.

• Settlement agreements
• Enforcement of settlements
• Spousal support
• Property division
• Contract formation
• Interpretation of correspondence

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Noel v. Tatarov

Court

Supreme Court of British Columbia

The court granted specific performance of a home sale, finding the son had actual authority to sign for the vendors and that their late отказ amounted to equitable fraud.

• Specific performance
• Actual authority
• Equitable fraud
• Mistake (common law/equitable)
• Pleadings sufficiency
• Damages - rental reimbursement

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Levy v. British Columbia (Ministry of Public Safety and Solicitor General)

Court

Supreme Court of British Columbia

The court held that the Province entered a binding settlement contract with Mr. Levy, breached it by limiting CVAP benefits, and owed damages, with quantum to be addressed later.

• Contract formation
• Fettering discretion
• Collateral attack/abuse of process
• Mistake
• Damages
• Negligent misrepresentation

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Kasian Estate v. Kasian

Court

Supreme Court of British Columbia

The court held that capital payments under minutes of settlement did not end on the recipient’s death, and dismissed mistake and unfairness objections.

• Interpretation of settlement agreements
• Enforcement of minutes of settlement
• Mistake (common, mutual, unilateral)
• Rectification
• Implied terms
• Valuation of business

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