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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Cressey Construction Corporation v. Parolin

Court

British Columbia Court of Appeal

The appellant's unilateral revocation of an established express oral term permitting the respondent to work from home, without reasonable notice, was a breach of contract that constituted constructive dismissal; the trial judge did not err in finding the respondent's decision to pursue business ventures was a reasonable form of mitigation and in awarding 19 months' pay in lieu of notice, and the appeal is dismissed.

Source excerpt

• Constructive dismissal
• Mitigation of damages
• Notice period
• Oral terms of employment
• Work-from-home arrangements
• Punitive damages

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Yin v. Zhang Estate

Court

British Columbia Court of Appeal

Extension of time was granted because appellants demonstrated a continued bona fide intention to appeal, respondents would not be unduly prejudiced by the delay, and it was in the interests of justice to decide the appeal on its merits; security for costs was ordered because appellants are in precarious financial circumstances, there is a real risk of non-recovery, the appeal's merits are weak, and the balance of prejudice favours requiring security for both the appeal and the Supreme Court proceedings.

Source excerpt

• Extension of time to file appeal record and factum
• Security for costs of appeal and trial
• Substitutional service and adding non-parties
• Stay of enforcement
• Remedial constructive trust
• Punitive damages

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Foster v. Prado

Court

Court of Appeal for Ontario

The Court of Appeal upheld summary judgment against Prado, but set aside punitive damages to Capital Canada and sent Steiner’s knowing receipt claim to trial.

• Breach of fiduciary duty
• Fraudulent misappropriation
• Conversion
• Knowing assistance
• Knowing receipt
• Punitive damages

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S.T.H. v. Ivanhoe Cambridge Inc.

Court

Supreme Court of British Columbia

Defendants admitted liability for assault, battery, false arrest and false imprisonment; on the evidence the guards used excessive and unjustified force causing compensable physical injury and chronic PTSD; plaintiff did not fail to mitigate; aggravated harm is reflected in an augmented non-pecuniary award; Paladin's training and investigatory failures constituted conduct referable to the employer warranting punitive damages against Paladin alone; damages quantified accordingly.

Source excerpt

• Assault and battery
• False arrest
• False imprisonment
• Aggravated damages
• Punitive damages
• Causation

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Chanel Limited v. Nichole G Collection Inc.

Court

Federal Court

Default judgment was granted in a trademark counterfeiting case involving Chanel and Louis Vuitton, with declarations, injunctions, delivery up, damages, and costs.

• Trademark infringement
• Passing off
• Depreciation of goodwill
• Injunction
• Delivery up
• Disclosure of suppliers

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DeCarlo v. 0894546 B.C. Ltd. (Black + Blue)

Court

Supreme Court of British Columbia

Court found employee was coerced into signing an Exit Form and thus constructively dismissed; employer failed to prove just cause; the employment contract did not unambiguously limit common-law notice to statutory minima (ambiguous wording and no fresh consideration for handbook terms); employee reasonably mitigated; COVID-19 and employer's misleading assurances extended reasonable notice. Remedy: 14 months common-law notice, deduction for mitigation, punitive damages $20,000; total award $90,025 plus pre-judgment interest.

Source excerpt

• Wrongful dismissal
• Constructive dismissal
• Reasonable notice
• Employment standards act
• Mitigation of damages
• Punitive damages

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12563789 Canada Inc. v. Tiki Tours International Corp.

Court

Court of Appeal for Ontario

Ontario Court of Appeal dismissed an appeal over boat ownership, finding a contract of sale, no joint venture, and no reversible error on fiduciary duty, defamation, damages, or costs.

• Ownership of chattels
• Contract formation and essential terms
• Joint venture
• Breach of fiduciary duty
• Defamation and defences
• Punitive damages

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Head v. 859530 Ontario Inc.

Court

Court of Appeal for Ontario

Ontario Court of Appeal upheld certification of causation and punitive damages in a COVID-19 class action against a long-term care home and denied leave on costs.

• Certification
• Causation
• Punitive damages
• Costs
• Infection prevention and control
• Covid-19 outbreaks

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Wesley v. British Columbia

Court

Supreme Court of British Columbia

The Court certified the action as a class proceeding because the pleadings, read generously and assuming pleaded facts true, disclose viable causes of action for negligence, breach of fiduciary duty, misfeasance in public office against Canada and the Province in respect of post-immunity periods and as to the Indigenous Subclass, battery/medical negligence and breach of fiduciary duty against Dr. MacKenzie as properly pleaded, there is some evidence of an identifiable class and Indigenous subclass of two or more, and the claims raise common issues the determination of which will materially ad…

Source excerpt

• Certification
• Negligence
• Breach of fiduciary duty
• Misfeasance in public office
• Unjust enrichment
• Vicarious liability

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