Canadian coverage, with verified short holdings, original analysis and links to the underlying sources. A publication date isn't the same as a decision date. The dates below identify which is shown.
119 verified publications. Showing the 36 most recent.
Although the permit applicant and municipality opposed a postponement, the Tribunal adjourned the peat extraction appeal so affected residents could obtain counsel, finding that no party would suffer significant prejudice from the agreed new timetable. The decision illustrates that procedural fairness can outweigh pressure to proceed quickly when participants need a meaningful opportunity to prepare.
The Supreme Court of Yukon refused to strike claims arising from a joint development venture because using a corporation to carry out the project did not necessarily extinguish direct contractual obligations between its participants. Whether the company or individual venturers owned particular claims, and whether fiduciary duties arose, required evidence at trial rather than determination on the pleadings.
The Manitoba Court of King's Bench retained jurisdiction over a shareholder's contract and oppression claims against a Manitoba-incorporated business and a director living in the United Kingdom, relying on corporate registration, a broad nonexclusive forum clause and the pleaded connection between the director and the alleged harm. Acting through a corporation did not automatically insulate the director from a properly pleaded personal oppression claim, but the court made no finding that oppression occurred.
The BC Human Rights Tribunal dismissed a student's religious discrimination complaint after finding that her university was reasonably certain to prove it had pursued every practicable alternative placement for a required nursing practicum. The duty to accommodate did not require the institution to waive an essential practical component or compel independent placement providers to relax their vaccination requirements.
The Federal Court of Appeal ordered the CRTC to give Québecor access, through outside counsel and experts, to comparable confidential material after Rogers obtained Québecor's evidence for its proposed appeal of a wholesale wireless rate decision. The reason was procedural fairness. Without a reciprocal view of the relevant material, Québecor couldn't properly answer Rogers' claim that earlier disclosure would have changed its submissions to the regulator.
The BC Supreme Court declined to disqualify a law firm representing a party opposite someone who had earlier shared confidential information in an informal consultation with a lawyer at the same firm. Despite finding the earlier consultation engaged confidentiality concerns, the court accepted a prompt documented ethical screen and the lack of evidence of actual disclosure, while recognizing the significant prejudice of removing chosen counsel.
The BC Supreme Court ordered release of a $60,000 real estate deposit to sellers after a buyer removed financing conditions but couldn't complete the purchase. Although the sellers' proven loss was approximately $30,362, the deposit remained forfeitable without proof of matching damages because retaining it wasn't unconscionable, and the court rejected additional recovery on top of the deposit.
The BC Court of Appeal refused to vary a chambers order denying a stay of a permanent injunction preventing unauthorized building work and interference with a municipal demolition order. The applicant showed no error of law, principle or fact, and the court held that the appeal of the injunction couldn't be used to relitigate the previously adjudicated demolition order.
The BC Supreme Court struck Action4Canada's amended lawsuit challenging pandemic measures without leave to amend because it failed to plead viable causes of action and pursued impermissible collateral attacks and moot declarations. The court dismissed the action and awarded $10,000 in total costs against the plaintiffs, emphasizing that challenges to government decisions must be properly framed and brought through the appropriate procedure.
The BC Supreme Court ordered a law corporation and its principal to post $150,000 in security for costs before continuing litigation against banks and other defendants, relying on evidence of earlier unpaid costs and compliance concerns. The action was stayed pending payment, but the underlying claims and defences were not decided.
The BC Supreme Court adjourned RBC’s application to appoint a receiver over a construction contractor despite its contractual enforcement rights, finding immediate appointment posed serious risks to active projects and affected third parties. The company was ordered to provide monthly financial disclosure and make reasonable efforts to meet interest payments pending any renewed application.
The BC Court of Appeal coordinated three related municipal demolition appeals and dismissed applications to stop demolition and compel extensive document production because they misconceived the scope of the pending appeals. The ruling was procedural and did not decide the underlying validity of the demolition order.
The BC Supreme Court refused summary judgment on a builder’s unpaid construction account because separating it from the owner’s substantial counterclaim risked inconsistent factual findings. Both contractual claims were left for trial, and the court made no final determination about which party was owed money.
The BC Supreme Court ruled that a small claims judge had misapplied the law of battery in a lawsuit arising from an altercation between a restaurant employee and a customer. The appeal succeeded and a new trial was ordered, without any final finding that the restaurant was liable.
The BC Supreme Court approved a receiver’s sale of development lands through a reverse vesting order, finding that the structure preserved permits, avoided unnecessary transfer tax and would leave no stakeholder worse off than a conventional sale. The ruling applied the Soundair and Harte Gold principles to the specific receivership transaction.
The BC Supreme Court dismissed a product liability claim for want of prosecution because destruction of the vehicle and maintenance records left the manufacturer unable to mount a fair defence. The court distinguished this procedural dismissal from spoliation, which requires proof of an intent to affect the litigation.
The BC Supreme Court certified a class proceeding over allegations that Google Photos collected and used facial biometric information without valid consent, finding a workable common-issues process despite the need to decide some questions individually. Certification determines whether the claims may proceed collectively and does not establish that Google breached privacy law.
The BC Court of Appeal held that commencing a proposed class action does not itself suspend limitation periods, because the province’s Class Proceedings Act provides suspension from the filing of a certification application. It upheld striking a later flood-loss lawsuit as time-barred even though the claimants had relied on an earlier proposed class proceeding.
The BC tribunal found a contract existed between a municipality and fencing contractor without a signed final document, but rejected the $5,000 cancellation claim because the contractor couldn't prove loss. It didn't decide whether the city breached the contract.
Ottawa's new regulatory directive, Ontario's proposed Highway 69 approval process and OSFI's reporting changes show how different reforms affect businesses. They don't establish a single national trend toward less oversight.
Ottawa has announced a Cabinet directive requiring federal regulators to remove $2 in regulatory burden costs for every $1 added. It takes effect December 31, 2026, replacing the 2018 directive.
FSRA alleges inaccurate licence application information and suitability concerns in a proposed mortgage agent nonrenewal. The agent has sought a tribunal hearing.
A BC tenant couldn't move a residential maintenance dispute into Supreme Court simply by calling it negligence. The court examined the essential character of his claims, sent them to the Residential Tenancy Branch and stayed the lawsuit.
A tire shop wasn't shown to have cracked a customer's wheel, but admitted responsibility for a damaged brake sensor. The Tribunal allowed its $153.72 repair plus $100 for reasonable substitute transport, not unsupported lost wages.
A skincare studio had to refund $1,885 in unused prepaid services because its WeChat agreement omitted mandatory future performance contract terms. The statutory discretion to preserve an otherwise deficient contract didn't help without proof of business loss.
A contractor couldn't recover disputed additional fence work without proving an approved scope change, but a developer couldn't offset alleged defects from a separate cedar fence contract against payment for a chain link fence.
A lender's assignee couldn't enforce a balance on a financed vacuum sold door to door after the seller made an agreed 30 day return impossible. The consumer had already paid more than the 10% fee she would have owed on a timely return.
A pedestrian's $5,000 claim after tripping over a restaurant sign on a public sidewalk was dismissed. The Tribunal recognized a duty of care but found no proof that the restaurant had failed to take reasonable precautions.
The Canadian Human Rights Tribunal refused to halt a recruitment discrimination complaint merely because the Armed Forces challenged the Commission's referral in Federal Court. Ordinary litigation costs, reputational concerns and parallel judicial review were not exceptional reasons to delay the hearing.
BC's real estate regulator cancelled an agent's and his corporation's licences and imposed a $120,000 penalty after accepting findings that he helped a friend compete against his own buyer client, acquired the property and concealed his personal stake. The disposition was a consent order, not a contested hearing.
A current Binder member's trial-preparation dilemma raises an insurance-law question about independent counsel, privileged defence reports and overlapping duties.
A fencing contractor established that it had a contract with a BC municipality even without a signed final document. Its $5,000 cancellation claim still failed because it couldn't prove lost wages, wasted materials or other actual loss. The tribunal didn't decide whether the City breached the contract.
A restaurant disputed its supplier's invoices because fountain drinks were allegedly near expiry and its opening was delayed. The BC tribunal found the supplier had delivered the drinks, despite its denial, but awarded $4,810.24 on the unpaid debt and dismissed the restaurant's unsupported damages claim.
A current Binder member’s early house purchase, verbal employment promise and proposed temporary condo raise questions about moving costs and GST/HST.
OSFI's October 22 letter sets different 2027 effective dates for revised capital adequacy, liquidity and cash flow regulatory returns at federally regulated banks.
BC's real estate regulator upheld $15,000 in penalties for a property manager's communication failures but cancelled a $10,000 repeat-offender penalty. His earlier conduct predated the first finding of liability.
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