Canada Case Law

Bilin v. Sidhu

Court

Supreme Court of British Columbia

Applying Rule 14-1(3) and related authority, the registrar concluded that defendant Hardip's repeated disclosure failures, lack of candour and fabricated/reconstructed evidence unjustifiably lengthened the litigation and warranted special costs. The registrar allowed special costs for the action through assessment but applied a small reduction to the amount claimed to account for fees potentially attributable to appearances for which costs were not awarded or for appeals. The proper award after assessment was $260,000 inclusive of disbursements, taxes and assessment costs, and the registrar d…

Source excerpt

• Promissory note
• Resulting trust
• Special costs
• Disclosure and discovery
• Certificate of pending litigation
• Costs assessment

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Drope v. Dhaliwal

Court

Supreme Court of British Columbia

The court dismissed an application to set aside default judgment, finding service was proven and the defendant had no meritorious defence to a promissory note claim.

• Promissory note
• Default judgment
• Service of process
• Setting aside judgment
• Parol evidence rule
• Miracle feeds test

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61939 Newfoundland and Labrador Limited v. Philpott's Realty Co. Limited

Court

Newfoundland and Labrador Court of Appeal

The Court held rules permitting affidavits on information and belief do not mandate admission of double hearsay; the summary trial judge correctly excluded exhibits lacking foundation or original source and properly applied the principled approach and business records analysis; having admitted sufficient evidence and given the parties' positions the judge did not err in finding the record sufficient or that it was just to decide the narrow issue on summary trial, so the appeal is dismissed.

Source excerpt

• Summary trial
• Hearsay
• Business records exception
• Principled approach to hearsay
• Dividend authorization
• Promissory note

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Elser v. Celani

Court

Supreme Court of British Columbia

Summary trial on a loan claim: the court held the action was timely, rejected novation and abuse of process defences, and ordered repayment of principal plus interest.

• Loan agreement
• Promissory note
• Novation
• Limitation act discovery
• Abuse of process
• Costs clause enforcement

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Eshtiaghi v. Haratian

Court

Court of Appeal for Ontario

Because the appellant filed no evidence and the respondent affirmatively denied any third party agreement while establishing that the obligation arose from an independent contract, the motion judge properly granted summary judgment and refused to stay execution; absent evidentiary support for the asserted third party claim there was no basis to disturb the motion judge's decision.

Source excerpt

• Promissory note
• Summary judgment
• Stay of execution
• Third party claim
• Costs

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Yang v. Hart

Court

Supreme Court of British Columbia

The court held that a promissory note for $330,000 was authentic and binding on Ms. Hart under a broad enduring power of attorney, with unjust enrichment as an alternative basis.

• Promissory note
• Unjust enrichment
• Enduring power of attorney
• Authenticity of document
• Gifts versus loans
• Bills of exchange act

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Pavlov v. Edwards

Court

British Columbia Court of Appeal

The Court of Appeal dismissed Mr. Pavlov’s appeal from summary judgment enforcing a personal guarantee after a missed VTB interest payment triggered acceleration.

• Vendor take-back loan
• Promissory note
• Personal guarantee
• Summary judgment
• Acceleration clause
• Abuse of process

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Jones v. Boone

Court

Supreme Court of British Columbia

The court found the Modulux was not a gift but a loan, and awarded judgment to the plaintiff for $167,120.04 plus interest and prejudgment interest.

• Gift vs loan
• Resulting trust
• Promissory note
• Limitation and laches
• Pre-judgment interest
• Gift-vs-loan

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Megory Holdings Inc. v. ABZ Falling Inc.

Court

Supreme Court of British Columbia

The court granted further and better particulars in a case involving defamation and unlawful interference claims, finding the pleadings too vague and general.

• Particulars
• Unlawful interference with economic relations
• Non-competition
• Promissory note
• Consolidation
• Defamation

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Hollis Ford Inc. v. Walker

Court

Nova Scotia Small Claims Court

Although the claimant's initial conduct suggested a gift, the parties formed an interest‑free loan agreement before the June 25, 2021 meeting; however the promissory note is an adhesion contract and the placement of the clause linking termination of employment to immediate repayment is ambiguous and must be resolved against the drafter, so the interest provision does not apply; the claimant cannot repossess and is awarded the unpaid balance of the interest‑free loan less adjustments; legal fees are denied and nominal general damages awarded to defendant.

Source excerpt

• Loan versus gift
• Promissory note
• Parol evidence rule
• Personal property registry
• Repossession
• Damages

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