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The court dismissed a defencants’ application to strike the action for want of prosecution, finding the delay inordinate but not enough to justify dismissal on balance.
The court refused to add a police enforcement clause to an existing injunction in a property dispute, finding the extraordinary-circumstances threshold was not met.
Time records were unreliable and of no probative value; claimant was nonetheless entitled to compensation on quantum meruit at the rate he set ($15/hr) but assessed against observed deficiencies and credible evidence. The defendant's mitigation and the credible net calculation by Mr. Boyles supported an award of $1,700; interest of 4% under the Small Claims Court Regulations from December 29, 2020 to August 29, 2022 ($90.67) was added, and the lien and lis pendens are to be expunged upon payment. Costs awarded in discretion: each party bears their own costs.
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Appeal dismissed because the appellant failed to plead or lead evidence to support its incremental‑damage defence; it is unfair to allow a new theory on appeal absent an evidentiary record, and the trial judge's findings that contaminants migrated from the appellant's property, that the appellant was on notice by May 2011, and that its inaction constituted nuisance and negligence causing $1,291,307.21 in damages (plus interest) stand; the trial judge also did not err in exercising discretion on prejudgment interest.
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Construction dispute over tiling work, unpaid invoices, alleged defects, and a builders lien. The court found Bridgewater contracted with the owners and upheld the lien.
The common boundary was fixed according to the Prendergast survey dated December 11, 2012; the Rhodes committed a direct trespass by installing the fence in its present location and a permanent injunction was granted ordering removal and realignment of the fence onto the true boundary, remediation or compensation for the damaged garden, and costs to the successful plaintiff.
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Le tribunal rejette la demande d’injonction interlocutoire visant à empêcher des travaux sur des parcelles agricoles vendues, jugeant le préjudice allégué monétaire et quantifiable.
The British Columbia Supreme Court found Mr. Dhillon in contempt for failing to remediate fill on his property, imposed a $5,000 fine, and awarded special costs.
On an application under Rule 22-7(7), the court dismissed a long-pending negligent misrepresentation action for want of prosecution.
The court found an oral blasting contract was performed and awarded Tri-X Excavating Ltd. $26,250 plus a builders lien. The defendants’ counterclaims for breach, negligence and damages were dismissed.
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