Canada Case Law

Burrows v. Starbucks Coffee Canada Inc.

Court

Nova Scotia Small Claims Court

No binding contract or promise enforceable in law existed because essential terms (site, master license agreement, payment of fee) remained undecided and final approval rested with Starbucks corporate; optimistic statements by a regional development manager did not constitute a promise sufficient to create a unilateral or collateral contract, nor actionable misrepresentation, so claimants are not entitled to recover preparatory expenses; claim dismissed.

Source excerpt

• Duty of honest performance
• Unilateral contract
• Collateral contract
• Misrepresentation
• License agreements
• Agreement to agree

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Birch v. GWR Resources Inc.

Court

Supreme Court of British Columbia

The court found no enforceable finder’s fee contract because the compensation terms were too uncertain, but awarded Ronnie Floyd Birch $55,000 in quantum meruit.

• Finder's fee
• Quantum meruit
• Unilateral contract
• Certainty of terms
• Authority/ostensible authority
• Tsx venture exchange policy

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Lacey v. Weyerhaeuser Company Limited

Court

British Columbia Court of Appeal

The Court of Appeal upheld the finding that retiree medical benefits were contractual deferred compensation, but struck the declared remedies and confined relief to damages.

• Retiree benefits
• Vesting
• Deferred compensation
• Breach of contract
• Declaratory relief
• Unilateral contract

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Canada v. South Yukon Forest Corporation

Court

Federal Court of Appeal

Because Timber Harvesting Agreements could only be granted by order in council under section 8 of the Territorial Lands Act, departmental officials lacked authority to make binding promises; consequently reliance on their assurances was unreasonable, no unilateral contract could be formed, negligence and negligent misrepresentation were not established and causation failed; appeal allowed and plaintiffs' action dismissed.

Source excerpt

• Government liability
• Crown authority and statutory limits
• Reasonable reliance
• Unilateral contract
• Causation
• Legitimate expectations

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Transalta Corporation v. The Queen

Court

Tax Court of Canada

Section 7(3) of the Income Tax Act applies to legally‑binding agreements to sell or issue securities; the PSOP was discretionary and did not create legally‑binding agreements or unilateral contracts and therefore s.7(3) did not apply; the shares were issued as consideration for past uncompensated services, the taxpayer increased stated capital by the shares' fair market value and that amount is accepted as the expenditure for tax purposes; appeal allowed and assessments referred back for reassessment.

Source excerpt

• Section 7(3) income tax act
• Deductibility of employee bonuses
• Share issuance from treasury
• Unilateral contract
• Accounting accruals vs legal liability
• Statutory interpretation

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Bennett v. British Columbia

Court

British Columbia Court of Appeal

On appeal from a class-action judgment about retiree health benefits, the Court held there was no vested contractual or statutory right to premium-free MSP and EHB coverage.

• Vested rights
• Post‑retirement benefit subsidies
• Unilateral contract
• Consideration
• Legislative discretion
• Certification of common issues

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South Yukon Forest Corporation v. Canada

Court

Federal Court

Federal Court reasons in a Watson Lake sawmill dispute involving timber supply, Crown liability, causation, contractual commitment, and damages.

• Timber harvesting agreements
• Timber allocation policy
• Duty of care
• Misrepresentation
• Unilateral contract
• Damages - expectation losses

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S.E. Fraser Enterprises Ltd. v. W & W Parker Enterprises Ltd.

Court

British Columbia Court of Appeal

The Court of Appeal held that the landlord’s 2006 letter was only a statement of intention, not a binding offer or granted option to renew the lease.

• Option to renew
• Consideration
• Offer and acceptance
• Unilateral contract
• Equitable estoppel (not pleaded)
• Contract-law

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Pacific Hunter Resources Inc. v. Moss Management Inc.

Court

Supreme Court of British Columbia

The court held there was no binding contract from the May 8, 1991 letter, no repudiation by Moss, and no recovery in quantum meruit or misrepresentation.

• Unilateral contract
• Repudiation
• Title to mine tailings/minerals
• Fraudulent misrepresentation
• Negligent misrepresentation
• Quantum meruit

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Ciric v. Raytheon Canada Limited

Court

British Columbia Court of Appeal

The British Columbia Court of Appeal held that no severance contract had been formed and that Raytheon validly withdrew any offer before acceptance.

• Severance pay
• Working notice
• Unilateral contract
• Offer and acceptance
• Consideration
• Termination of employment

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