Canada Case Law

Genidi v. North 45 Orchards Limited

Court

Supreme Court of Nova Scotia

The purchase and sale agreement unambiguously required conveyance of 10 acres from PID 20441911; the phrase ‘as designated by the Vendor’ is limited to designating which 10 acres within PID 911 and does not permit substitution of a different property; no genuine issue of material fact defeats the contract claim and North 45’s substitution defence has no real chance of success; plaintiff validly terminated for vendor default and is entitled to repayment of $570,000 with prejudgment interest from February 15, 2022.

Source excerpt

• Partial summary judgment
• Contract interpretation
• Remedies for vendor default
• Prejudgment interest
• Late filing and admissibility of affidavits

Read case analysis

Stephen v. Baker

Court

Supreme Court of Nova Scotia

The court found on the balance of probabilities that (1) the Baker defendants were 100% liable for the First Accident (left turn into oncoming lane), (2) Gerrard admitted and was fully at fault for the Second Accident, and the defendants are equally responsible for damages; (3) the plaintiff suffered soft tissue injuries and developed Somatic Symptom Disorder with psychiatric overlay attributable to the accidents but CRPS was not established; (4) the plaintiff is disabled from the workforce but exaggerated functional limitations, so damages are reduced from plaintiff's projections; (5) awards…

Source excerpt

• Somatic symptom disorder (ssd)
• Complex regional pain syndrome (crps)
• Causation
• Liability apportionment
• Damages (general and pecuniary)
• Credibility and surveillance evidence

Read case analysis

Smithe Residences Ltd., by its receiver, MNP Ltd. v. Boffo Investment Corp.

Court

Supreme Court of British Columbia

The court held the Smithe Consulting Agreement replaced the JVA, its profit‑sharing waterfall applied to profits from the whole completed Smithe Project (not limited to the plaintiff's proposed Thalia design), the plaintiff did not repudiate the agreement, Boffo Smithe breached by withholding profit shares, and Boffo Investment was unjustly enriched by receipt of those profits; damages awarded under the contract waterfall and unjust enrichment principles.

Source excerpt

• Contractual interpretation
• Repudiation
• Good faith in contractual performance
• Profit‑sharing
• Joint venture agreements
• Remedies and damages

Read case analysis

Avis Homes Limited v. Sidhu

Court

Supreme Court of British Columbia

The Cheques totaling $550,000 lacked a juristic reason on the evidence (neither repayment of redevelopment expenses nor payment of a tax debt), supporting an unjust enrichment award against Real Deal and Ms. Sidhu in that amount; the Court will not defer that award pending the Tax Action because the Reasons did not determine Mr. Dhillon's tax liability and there is no basis to secure a different party's claim by withholding funds; GST paid on the purported September 2020 transfer was triggered by Ms. Sidhu's unauthorized occupation and is not a redevelopment expense recoverable from Avis; occ…

Source excerpt

• Reopening trial
• Constructive trust and restitution
• Occupational rent
• Gst characterization
• Prejudgment interest
• Costs

Read case analysis

Sofia Express AG Corporation v. Nautel Limited

Court

Supreme Court of Nova Scotia

Court accepted applicant's evidence as more consistent with documentary record and commercial reality, found a continuing agency relationship by conduct that persisted beyond the facial term of the written ASA, concluded applicant materially caused and substantially contributed to Nautel's sales to VOV, and ordered commission at 10% of the invoiced gross amounts (commercial practice and prior correspondence supporting a 10% measure); alternatively quantum meruit/unjust enrichment would apply.

Source excerpt

• Commission dispute
• Agency agreement
• Quantum meruit
• Termination of agency
• Prejudgment interest
• Credibility findings

Read case analysis

Gale v. Fairmont Hot Springs Resort Ltd.

Court

Supreme Court of British Columbia

The court awarded Larry Gale nine months’ reasonable notice, plus bonus damages, but dismissed claims for benefits and punitive damages in this wrongful dismissal case.

• Wrongful dismissal
• Reasonable notice
• Mitigation
• Bonus entitlement
• Damages for loss of benefits
• Punitive damages

Read case analysis

Best v. Best

Court

Supreme Court of British Columbia

The court ordered transfer of a spouse’s pension share plus prejudgment interest, despite 13 years without statutory notice, and directed both parties to share tax consequences equally.

• Pension division
• Notice to pension administrator
• Prejudgment interest
• Enforcement of judgment
• Allocation of tax consequences
• Pension-division

Read case analysis

MacQuarrie v. Birch

Court

Supreme Court of Nova Scotia

Because the issues in the third party proceedings were closely linked and the joinder of Emma Moore was reasonable and inevitable, the unsuccessful plaintiffs must bear a portion of the Third Party’s costs; Tariff A Scale 2 was appropriate given complexities; the defendants’ unaccepted with-prejudice settlement offer justified a moderate increase in costs; prejudgment interest on the $15,000 deposit runs for 790 days at 5% per annum; costs awards and allocation were set to do justice between the parties.

Source excerpt

• Costs awards
• Third party joinder
• Prejudgment interest
• Settlement offers
• Tariff a assessment

Read case analysis

R.L. v. M.F.

Court

Court of Appeal for Ontario

Appeal dismissed; trial judge correctly found respondent had both compensatory and non-compensatory entitlement despite an imputed income, properly exercised discretion in applying SSAG and NDI analysis to fix spousal support at $20,000 per month for 9.5 years (commencing Jan 1, 2023 and terminating Aug 1, 2032), properly included appellant's post-separation income for partial sharing, did not err in receiving support calculations, and permissibly awarded prejudgment interest on the $474,744.36 equalization payment; no appellate intervention warranted.

Source excerpt

• Spousal support
• Income imputation
• Spousal support advisory guidelines (ssag)
• Prejudgment interest
• Equalization of net family property
• Child support

Read case analysis

SMR Saulnier’s Maintenance and Repair Limited v. Pearson

Court

Nova Scotia Small Claims Court

The claimant performed work at the defendant's direction and an initial estimate was accepted, but there was no agreement to an open‑ended price; because work remained unfinished the court reduced the claim by $4,000 and awarded the balance plus prejudgment interest and specified fees.

Source excerpt

• Labour and materials
• Estimate and invoice
• Prejudgment interest
• Builder's lien (not adjudicated)
• Set-off for incomplete work

Read case analysis