
General & Other judgments from Canadian courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.
In a recent decision, the Civil Resolution Tribunal found that an insurer's determination of responsibility for an accident was unreasonable and ordered the insurer to reconsider its assessment.
In a recent case, the Civil Resolution Tribunal dismissed a member's claims regarding governance actions of a cooperative association. The Tribunal found that the claims were either previously decided or no longer relevant, leading to their dismissal.
In a recent small claims case, the Civil Resolution Tribunal ruled that a vehicle was not roadworthy or safe to drive at the time of sale, breaching the implied warranty of durability under the Sale of Goods Act. The Tribunal ordered the seller to reimburse the buyer $3,000 for the purchase price and $175 in CRT fees.
A boat owner hired a contractor to repair his boat. After completing the repairs, the contractor sought payment. The boat owner claimed the work was deficient and led to engine failure. The Civil Resolution Tribunal ruled in favour of the contractor, finding the work was completed satisfactorily and the contractor was entitled to payment.
The Civil Resolution Tribunal dismissed a claim for unpaid resort expenses. The claimant argued that the respondent was responsible for the debt, but the Tribunal found no evidence proving the respondent's personal liability.
In a recent case, the Civil Resolution Tribunal dismissed a claimant's allegations that a used vehicle was misrepresented by the seller. The claimant argued that the installation of aftermarket shocks amounted to a lift kit, but the tribunal found insufficient evidence to support this claim.
In this Small Claims case, the claimant's claim was dismissed because it was out of time under the Limitation Act. The claimant discovered her vehicle had been damaged in a collision and sought compensation for lost income and repair costs. However, the claim was not submitted and the application fee was not paid within the two-year limitation period, leading to its dismissal.
An accounting firm successfully recovered an invoice for services rendered in preparing a personal income tax return. The client disputed the charges, but the tribunal ruled in favour of the accounting firm, finding the charges reasonable.
The claimant asked for compensation because their insurance premiums increased after being found partly responsible for a car accident. However, the Civil Resolution Tribunal dismissed the claim, saying they couldn’t order changes to insurance premiums.
In this case, a person tried to get a refund for unauthorized charges on their credit card. However, the tribunal ruled against them because they couldn't prove the charges were unauthorized and the contract didn’t require the bank to investigate further.
In a recent patent infringement appeal, the Federal Court of Appeal awarded costs to the claimant who successfully defended against infringement claims. The court recognized the claimant's partial success and granted appropriate costs.
The Federal Court of Appeal decided to assess the respondent's bill of costs at the highest level allowed and doubled the costs after a settlement offer was made. The decision was based on the complexity and importance of the issues involved.