General & Other
General & Other judgments from Canadian courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.
Personal Injury Damages Claim Rejected Due to Tort Ban
Breach of Contract and Negligence Claims Against Property Manager Dismissed
In a recent Civil Resolution Tribunal case, the claimant sued a property management company for breach of contract and negligence. The claim was dismissed because the claimant could not prove a direct contract with the property manager or show any real losses.
Claimant Wins $5,000 for Faulty Heating System in Small Claims Case
In-Floor Heating Claim Dismissed Due to Limitation Period
A homeowner hired a contractor to build a custom home but the contractor failed to install in-floor heating as requested. The homeowner sued for damages but the claim was dismissed due to the limitation period and lack of proof.
Civil Resolution Tribunal Rejects Claimant's Request to Rejoin Cooperative Association
The Civil Resolution Tribunal rejected a member's request to be allowed back into a cooperative association's private online forum after the member was removed for posting inappropriate content. The decision was based on the association's right to moderate its online space.
Claimant Partially Successful in Neighbour Dispute
Civil Resolution Tribunal Grants Contractor Opportunity to Repair Fence
Claimant's Request for Insurance Deductible Refund and Increased Premiums Rejected
Architectural Fees Dispute Ruled by Civil Resolution Tribunal
Environmental Appeals Board Grants Motion for Witness Production
Unpaid Brokerage Dues Claim Dismissed by Civil Resolution Tribunal
Federal Court Partially Grants Summary Judgment Against RCMP
A class action lawsuit against the Royal Canadian Mounted Police (a person) was partially successful. The court dismissed the claimant's motion for summary judgment on common issues but granted it in part, finding that a person employees are vicariously liable for certain misconduct by a person.
Federal Court Rejects Vaccine Mandate Challenge
Client Ordered to Pay Unpaid Legal Fees
Federal Court Rejects PIPEDA Privacy Claim Due to Lack of Evidence
In a recent Federal Court case, an individual's application under PIPEDA was dismissed because they did not provide enough evidence to prove a violation of the act. The court ruled that the applicant failed to demonstrate that the organization had violated PIPEDA.
Travel Time and Mileage Compensation Claim Rejected by Civil Resolution Tribunal
Minor Injury Determination: Soft Tissue Injuries, Anxiety, and Fibromyalgia Deemed Minor
Claimant Failed to Prove Insurer's Determination of Full Responsibility in Rear-End Collision
Cooperative Association Can Charge New Members a Realtor Commission
In this case, the Civil Resolution Tribunal decided that a cooperative association can charge new members a realtor commission for managing the sale and transfer of membership shares. The claimants argued that this practice was unfair, but the tribunal disagreed, finding that the practice was not unfairly prejudicial.