Canada Case Law

Din v. British Columbia (Attorney General)

Court

Supreme Court of British Columbia

The Court is bound by Caldwell J.'s ratio that siblings who provide care or stand in a parent‑like relationship are not 'parents' under the FCA; accordingly the plaintiffs do not fall within the statutory categories entitled to bring an FCA claim. However, the Court declined to summarily dismiss or strike out the FCA pleadings because two genuine issues remain for trial—whether the exclusion of siblings violates s.15 of the Charter and, if standing is provided by a Charter remedy, whether the plaintiffs' alleged pecuniary losses are recoverable—and because s.6 does not render this action a nu…

Source excerpt

• Family compensation act
• Standing
• Section 15 charter equality
• Summary judgment (rule 9-6)
• Strike out (rule 9-5)
• Res judicata/issue estoppel

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Fraser-Fort George (Regional District) v. Chingee

Court

British Columbia Court of Appeal

The Court of Appeal dismissed appeals from summary judgment refusal, holding the respondent’s s. 35 treaty-rights defence raised triable issues not foreclosed by prior litigation.

• Treaty rights (s.35)
• Vertical stare decisis
• Issue estoppel
• Abuse of process
• Collateral attack
• Severalty land grants

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Munson v. Leon’s Furniture Limited

Court

Supreme Court of British Columbia

La Cour a refusé d’entendre la demande de jugement sommaire avant la certification et a ordonné que les deux requêtes soient entendues ensemble.

• Ordinary price representations
• Misleading representations
• Section 52 competition act
• Section 74.01 competition act
• Sequencing of pre-certification applications
• Summary judgment (rule 9-6)

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Blumenschein v. Seel

Court

Supreme Court of British Columbia

The court refused summary dismissal and a vexatious-litigant order, finding triable issues about trust, partnership, fiduciary duty, and oppression claims.

• Express trust
• Constructive/implied trust
• Fiduciary duty
• Oppression remedy
• Partnership
• Summary judgment (rule 9-6)

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Zhou v. Liu

Court

Supreme Court of British Columbia

On a Rule 9-6 and Rule 9-5 application, the court refused to summarily dismiss a Minoru Project claim, finding disputed facts on limitation and no clear abuse of process.

• Summary judgment (rule 9-6)
• Limitation period and discovery
• Joint retainer
• Repayment agreement and variations
• Forbearance
• Abuse of process (rule 9-5)

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Qualcomm Incorporated v. Barroqueiro

Court

British Columbia Court of Appeal

The Court of Appeal allowed Qualcomm’s appeal in part, striking conspiracy claims under former and current s. 45 and s. 46, but upheld certification for other claims.

• Certification under class proceedings act
• Summary judgment (rule 9-6)
• Conspiracy (s.45, former and current)
• Price maintenance (former s.61)
• Section 46 implementation offence
• Unlawful means tort

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Latifi v. The TDL Group Corp.

Court

British Columbia Court of Appeal

The British Columbia Court of Appeal dismissed an appeal from summary dismissal of a proposed class action over Tim Hortons no-hire clauses and alleged wage suppression.

• Predominant purpose conspiracy
• No-hire/no-solicitation clause
• Wage suppression
• Summary judgment (rule 9-6)
• Class certification
• Predominant-purpose-conspiracy

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Wiss v. Khan

Court

Supreme Court of British Columbia

Summary judgment in a defamation action was dismissed because unresolved factual disputes about qualified privilege, truth, intent, and credibility required trial.

• Qualified privilege
• Justification (truth)
• Fair comment
• Publication and republication
• Malice
• Summary judgment (rule 9-6)

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Yang v. Lu

Court

Supreme Court of British Columbia

The court dismissed a Rule 9-5/9-6 application to strike or summarily dismiss remaining trust and oppression claims, and ordered a clarified fifth amended notice of civil claim.

• Breach of trust
• Constructive trustee liability
• Oppression remedy
• Summary judgment (rule 9-6)
• Pleadings and striking (rule 9-5)
• Directors' liability

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Latifi v. The TDL Group Corp.

Court

Supreme Court of British Columbia

The court granted summary judgment, finding no genuine issue for trial on alleged predominant purpose conspiracy or unlawful means arising from a Tim Hortons no-hire clause.

• No‑hire/no‑poach clause
• Predominant purpose conspiracy
• Unlawful means tort
• Summary judgment (rule 9‑6)
• Admissibility of affidavit evidence
• Expert economic evidence

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