Canada Case Law

Glooscap First Nation v. Howard

Court

Supreme Court of Nova Scotia

The applicants proved a cause of action in trespass because the respondent exceeded and vitiated conditional, gratuitous consent, refused to comply with a reasonable cease‑and‑desist direction and continued unauthorized construction and commercial activity; alternative remedies were inadequate and equitable discretionary considerations did not bar relief (no fiduciary duty to the individual, no reliance on an illegal contract by the applicants); accordingly a permanent injunction protecting all Glooscap First Nation reserve lands, requiring removal of structures and prohibiting unauthorized c…

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• Trespass
• Permanent injunction
• Consent to occupation
• Fiduciary duty
• Illegality
• Lease negotiations

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Hill v. Herd

Court

British Columbia Court of Appeal

The Court of Appeal upheld the dismissal of a nuisance appeal, confirming damages in lieu of a permanent injunction and refusing declaratory relief.

• Nuisance
• Permanent injunction
• Damages in lieu of injunction
• Declaratory relief
• Statutory interpretation (fire code and building code)
• Standing

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Heaton Estate v. Heaton

Court

Supreme Court of British Columbia

The court granted the estate a writ of possession and permanent injunction over the property, but adjourned the occupational rent claim for lack of evidence.

• Writ of possession
• Occupational rent
• Permanent injunction
• Estate administration
• Suitability for summary trial
• Writ-of-possession

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Nanaimo (City) v. Propp

Court

Supreme Court of British Columbia

The court granted summary judgment in a defamation case, held the defendant liable for accusing the plaintiff of pedophilia, and ordered a permanent injunction.

• Summary judgment
• Permanent injunction
• Truth/justification defence
• Fair comment
• Qualified privilege
• Responsible communication

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British Columbia (Ministry of Social Development and Poverty Reduction) v. Choquette

Court

Supreme Court of British Columbia

Default judgment was granted, but the Province’s request for a permanent injunction was dismissed because the incident records were inadmissible hearsay and recurrence was not proven.

• Default judgment
• Permanent injunction
• Business records hearsay
• Principled approach to hearsay
• Trespass
• Default-judgment

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Wasoqopa’q First Nation v. Francis

Court

Supreme Court of Nova Scotia

The court found on the uncontroverted evidence that Mr. Francis was given repeated notices to vacate beginning June 9, 2022, has no certificate of possession or approved residency under a valid Residency By-Law properly enacted under the Indian Act, and his constitutional/aboriginal claims lacked the necessary evidence and collective authorization; because the trespass was ongoing, not trivial, and monetary damages were inadequate given urgent housing needs and time-limited funding, the equitable remedy of a permanent injunction and an order to vacate within 30 days (with RCMP enforcement if…

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• Trespass
• Permanent injunction
• Indian act by-law powers (s.18(1), s.20, s.81)
• Band by-law validity and internal procedures
• Aboriginal and treaty rights (ss.25 and 35)
• Jurisdiction of provincial superior court over reserve matters

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Foster v. British Columbia (Ministry of Forests, Lands, Natural Resource Operations and Rural Development)

Court

Supreme Court of British Columbia

The court granted the Province a permanent injunction and special damages after finding the plaintiffs continued to trespass on Crown land after their licence expired.

• Trespass
• Permanent injunction
• Licence/tenure on crown land
• Special damages
• Summary trial
• Self-represented litigants

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Eagle Mountain Investments Inc. v. Promerita Real Estate Capital Corp.

Court

Supreme Court of British Columbia

The court could not finally determine a petition seeking declaratory and injunctive relief about a loan assignment and security enforcement, and remitted the matter to trial.

• Assignment and assumption of loan
• Security interests and enforcement
• Declaratory relief
• Permanent injunction
• Contractual interpretation
• Remittal to trial

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I Buy Beauty LLC v. Dong

Court

Supreme Court of British Columbia

The court found repeated online statements by a YouTuber defamatory, rejected any unpleaded truth or fair comment defence, and awarded damages plus a permanent injunction.

• Publication
• Justification/truth
• Fair comment
• General damages
• Aggravated damages
• Punitive damages

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Chan v. Liang

Court

Supreme Court of British Columbia

The court granted a permanent injunction and awarded damages after finding repeated interference with a fence project, trespass, and nuisance from a surveillance camera.

• Boundary dispute
• Survey evidence
• Fence construction
• Surveillance nuisance
• Permanent injunction
• General damages

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