Canada Case Law

Lamba v. Mitchell

Court

Court of Appeal for Ontario

Extension was denied because the proposed appeal had no reasonable possibility of success on the core factual inference (reliance on MLS square footage versus inspection), the moving parties failed to form and communicate an intention to appeal within the statutory period despite being represented, and they had failed to comply with existing cost orders; lack of merit alone justified refusal under the applicable Enbridge factors.

Source excerpt

• Specific performance
• Rescission for misrepresentation
• Deposit forfeiture
• Extension of time
• Leave to appeal
• Costs orders

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Oswald v. Start Up SRL

Court

Supreme Court of British Columbia

The court held the July 11, 2015 MOU binding, rejected Start Up SRL’s rescission claim, and ordered specific performance requiring purchase of the ICTC shares.

• Intention to contract
• Agreement to agree
• Certainty of terms
• Specific performance
• Rescission for misrepresentation
• Breach of contract

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Century Services Corp. v. LeRoy

Court

Supreme Court of British Columbia

The court found Century’s conduct at formation amounted to fraudulent misrepresentation, vitiating the guarantee and rendering the mortgage unenforceable.

• Guarantee
• Foreclosure
• Rescission for misrepresentation
• Set-off
• Realization of security
• Guarantees

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Richards v. Darwin Properties (Seymour) Inc.

Court

Supreme Court of British Columbia

The court allowed a representative proceeding for Seymour Estates owners who signed the 2013 contracts, finding the written representations and contract terms raised common issues.

• Representative proceedings
• Class certification/commonality
• Rescission for misrepresentation
• Reliance
• Assembly/condition precedent in contracts
• Costs allocation from sale proceeds

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Le Soleil Hospitality Inc. v. Louie

Court

Supreme Court of British Columbia

The court refused rescission of a forbearance agreement and dismissed an application to set aside or vary a Mareva injunction, finding the agreement barred the request.

• Mareva injunction
• Forbearance agreement
• Rescission for misrepresentation
• Writs of execution
• Assessment of costs
• Mareva-injunction

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Ross Estate v. Police Association of Nova Scotia

Court

Supreme Court of Nova Scotia

The February 28, 2005 agreement unmistakably deferred payment of earned 2005–2006 salary; those deferred amounts are wages protected by s.79A of the Labour Standards Code, so alleged misrepresentations, fiduciary breaches or underperformance do not permit set-off or rescission to avoid payment; no genuine issue for trial exists and summary judgment for the estate for $62,500 is granted.

Source excerpt

• Wages
• Set-off
• Salary deferral
• Rescission for misrepresentation
• Summary judgment

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Trumpet Capital Corp. v. Octagon Properties Ltd.

Court

Supreme Court of British Columbia

The court refused to summarily dispose of the petition and sent Stoneset’s issues to trial, finding arguable misrepresentation and rescission issues about the property transaction.

• Foreclosure
• Order nisi
• Redemption period
• Conduct of sale
• Rescission for misrepresentation
• Set-off

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Smith v. Union of Icelandic Fish Producers Ltd.

Court

Supreme Court of Nova Scotia

No binding employment contract was formed because defendant's Board never accepted the plaintiff's offer; however the defendant's CEO negligently misrepresented that Board approval would not be a problem, that misrepresentation induced the plaintiff to sign the non-competition agreement, and therefore the non-competition agreement is rescinded as null and void ab initio and the plaintiff is entitled to damages for negligent misrepresentation, subject to a set-off of $25,000 received by the plaintiff.

Source excerpt

• Non-competition agreements
• Hedley byrne negligent misrepresentation
• Offer and acceptance
• Rescission for misrepresentation
• Set-off
• Part-performance/statute of frauds

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Maple Valley Acres Limited v. Canadian Imperial Bank of Commerce

Court

Court of Appeal for Ontario

Walters made a misrepresentation while acting within the scope of authority conferred by the Bank's solicitor; therefore the postponement agreements were induced by an agent of the Bank and must be rescinded; restoring the original mortgage priorities remedies the Bank's unjust enrichment; the Bank must pay KMB's costs by way of a Sanderson order; Fraser & Beatty and Walters were wrongly denied costs and are entitled to party-and-party costs on the cross-appeal.

Source excerpt

• Mortgage priority
• Postponement agreements
• Rescission for misrepresentation
• Agency and sub-agency
• Unjust enrichment remedy
• Sanderson order (costs)

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Fuller v. Garneau

Court

Supreme Court of Canada

The Supreme Court of Canada held that a Crown grant reservation of mines and minerals with express power to work may be wider than a bare reservation in a sale agreement.

• Reservation of mines and minerals
• Crown grant
• Implied rights
• Subsidence
• Rescission for misrepresentation
• Mineral rights

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