Canada Case Law

Capadouca v. Jarvis

Court

Supreme Court of British Columbia

The court found on the whole of the evidence that the parties separated well before April 2023 and that s.198(2)(b) therefore barred the claimant's Part 5 and Part 7 FLA claims; the term 'order' in s.198(2)(b) includes declaratory relief where the declaration is sought as or will be used as an enforceable remedy, so seeking declarations under Part 5 after the two-year period is barred; the claimant's unjust enrichment claim failed for lack of necessary evidence of deprivation or absence of juristic reason; accordingly the respondent's summary trial application was granted and the claimant's a…

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• Marriage-like relationship
• Separation
• Limitation period s.198(2)(b) fla
• Declaratory relief vs orders
• Unjust enrichment
• Summary trial suitability

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Cusack v. Cusack

Court

Supreme Court of British Columbia

The court found on the totality of the evidence that the testator's stated reasons for disinheriting the plaintiff were factually valid and rational and that the plaintiff had reconciled with the testator then voluntarily re‑estranged herself for decades; those facts negated the moral obligation a judicious parent would otherwise have owed and therefore the will did not fail to make adequate provision and should not be varied. The action was dismissed.

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• Wills variation
• Disinheritance
• Estrangement
• Moral obligation
• Summary trial suitability

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Canstar Restorations Limited Partnership v. MBW Canada Holding Inc.

Court

Supreme Court of British Columbia

The application is allowed: the Work Authorization unambiguously permitted Canstar to take direction from the insurer's adjuster and to perform and invoice for emergency restoration work; MBW received insurer payments intended for Canstar and breached the Work Authorization by failing to pay Canstar within the contractual time, entitling Canstar to judgment for the invoiced amounts plus contractual interest and costs; the contractual issues were suitable for summary trial as they were discrete and not inextricably interwoven with MBW's counterclaim.

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• Breach of contract
• Payment of invoices
• Summary trial suitability
• Agency
• Contract interpretation
• Interest and costs

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Leschuk v. Greenridge Exploration Inc.

Court

Supreme Court of British Columbia

The application for summary trial was dismissed because there were head-on conflicts in the affidavit and oral evidence on central issues (constructive dismissal, acquiescence, mitigation) that could not be resolved without credibility findings; therefore the court could not find the necessary facts and the first precondition for summary trial was not met, notwithstanding that many factors otherwise favoured summary disposition.

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• Wrongful dismissal
• Constructive dismissal
• Mitigation of damages
• Summary trial suitability
• Costs

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Panacea World Health Corp. v. Alpha Equities Ltd.

Court

Supreme Court of British Columbia

The application for summary judgment was dismissed because the court could not, on the record before it, find the necessary facts without resolving a material head-on credibility dispute regarding alleged core pre-contractual representations about HVAC functionality; the size and complexity of the claim (circa $3M), and triable contractual interpretation issues about the landlord's HVAC obligations and the scope of the entire agreement clause made it unjust to decide the dispute summarily.

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• Commercial lease
• Summary trial suitability
• Entire agreement clause
• Fraudulent and negligent misrepresentation
• Contract interpretation
• Indemnity enforcement

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Zeynelli v. Bell Canada

Court

Supreme Court of British Columbia

Plaintiff failed to prove on a balance of probabilities that Bell breached any contractual or tortious duty or that Bell's conduct caused the plaintiff's alleged credit score decline and consequent business losses; evidence was speculative or inadmissible and Bell did not report missed payments April–June 2024; defendant succeeds on its counterclaim for unpaid cancellation fees of $760.66 plus statutory interest.

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• Summary trial suitability
• Summary judgment alternative
• Duty of care
• Causation
• Limitation of liability clause
• Admissibility of expert evidence

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Verma v. Nunez

Court

Supreme Court of British Columbia

Summary trial in a family law dispute over property division, spousal support, CPP credits and costs. The court ordered equal division with set-offs and dismissed further support claims.

• Division of family property
• Spousal support entitlement and quantum
• Summary trial suitability
• Income imputation under guidelines
• Costs
• Cpp pensionable earnings equalization

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Jones v. Jones

Court

British Columbia Court of Appeal

Court of Appeal dismissed a family law appeal and cross-appeal arising from a summary trial on property, spousal support, and costs.

• Summary trial suitability
• Spousal support
• Division of family property
• Procedural fairness
• Expert evidence admissibility
• Fixed lump sum costs

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Metcalfe v. Thermofluid Technologies Inc.

Court

Supreme Court of British Columbia

Le tribunal a rejeté une action en responsabilité du fait des produits après avoir conclu que les avertissements du produit étaient suffisants et que le demandeur ne les avait pas lus ni suivis.

• Adequacy of warnings
• Duty to warn
• Design defect (absence of self-sealing valve)
• Causation
• Contributory negligence / plaintiff fault
• Summary trial suitability

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Lungu v. Cabrita

Court

British Columbia Court of Appeal

Appeal dismissed from summary dismissal of medical malpractice claims. The Court held the appellant needed her own expert evidence, and the fresh evidence would not change the result.

• Negligence
• Lack of informed consent
• Battery
• Summary trial suitability
• Expert evidence admissibility and weight
• Fresh evidence on appeal

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