General & Other
General & Other judgments from Canadian courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.
Claimant's Request for Deductible and Taxi Reimbursement Denied
Claimant Failed to Prove Insurer's Determination of Full Responsibility in Rear-End Collision
Unreasonable Employer Actions Do Not Nullify Overpayment
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.
Supreme Court Orders New Trial Due to Improper Hearsay Use
The Supreme Court of Canada recently decided that a trial judge made a mistake by using an out-of-court statement to prove the truth of its contents. This error led to the court ordering a new trial.
Federal Court Rejects Challenge to Judge Misconduct Decision
A person challenged a decision made by the Canadian Judicial Council, which had dismissed their complaint about alleged misconduct by a judge. The Federal Court reviewed this challenge and decided to dismiss it, stating that complaints about judicial decisions are not within the scope of what the Judicial Council can review.
Motor Vehicle Accident Responsibility Determination - Civil Resolution Tribunal
In a motor vehicle accident case heard by the Civil Resolution Tribunal, the court found the respondent solely responsible for the accident and dismissed the claimant's request for monetary damages, citing lack of jurisdiction.
Auction Breach: Small Claims Decision Explained
In a recent small claims case, the Civil Resolution Tribunal ruled that a bidder who failed to complete a transaction after winning an auction bid breached the contract. The tribunal awarded damages to the auction company.
Claimant Wins Damages for Faulty Hitch Installation
The claimant took their truck to a company to install a hitch. The hitch was installed incorrectly, causing damage to the truck's camper door. The claimant successfully sued the company for damages, receiving a payment of $937.69.
Supreme Court dismisses appeal, upholds lower court ruling
Small Claims Case Dismissed: Claimant Fails to Prove Nuisance or Negligence
Claimant Entitled to Payment for Lawn Care Services on Quantum Meruit Basis
Claimant's Breach Frustrates Agreement in Theatrical Production Dispute
Water Damage Claim Dismissed in BC Civil Resolution Tribunal
In this case, the claimant argued that water leaked from the respondent's condominium unit and caused significant damage to their unit. The claimant claimed $5,000 for the insurance deductible paid to fix the damage. However, the tribunal dismissed the claim, ruling that the claimant did not provide enough evidence to prove negligence or nuisance.
Consumer Fails to Prove Entitlement to Damages for Returning Faulty Jeans
Claim for Unused Dog Training Lessons Rejected by Civil Resolution Tribunal
Claimant's Chronic Pain and Psychological Conditions Deemed Non-Minor by Civil Resolution Tribunal
Claimant Loses Mold Remediation Reimbursement Claim in Civil Resolution Tribunal
Claimant Loses UDAP Fee Dispute Against Insurer
In a recent case heard by the Civil Resolution Tribunal, a claimant sought a refund of a UDAP fee from an insurer. The claimant argued the fee was improperly charged. However, the Tribunal found the claimant did not provide sufficient proof that the fee was incorrect, leading to the dismissal of the claim.