General & Other
General & Other judgments from Canadian courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.
Claimant Wins Payment Dispute Over Property Assessment Services
Federal Court of Appeal Upholds Dismissal of Frivolous and Vexatious Claim
Debt Collection Case: Respondent Ordered to Pay Claimant $1,888.24
In a recent BC Small Claims case, the Civil Resolution Tribunal ordered the respondent to pay the claimant $1,888.24, including $1,500 as debt, $213.24 in pre-judgment interest, and $175 in CRT fees, despite the respondent's financial difficulties.
Federal Court of Appeal Rejects Trademark Infringement Appeal
The Federal Court of Appeal rejected an appeal challenging trademark infringement claims. The court ruled that the trademark registrations were clearly descriptive and deceptively misdescriptive of the associated goods or services, violating the Trademarks Act.
Small Claims Court Rejects Claimant's Request for Plumbing Service Refund
Federal Court Rejects Opposition to Trademark Registration
In a recent Federal Court decision, the court dismissed the opposition to the registration of the trademark 'MASTER CHOCOLAT'. The court ruled that the opponent failed to prove that the trademark was not distinctive or that it would cause confusion with existing trademarks.
Federal Court Grants Partial Confidentiality Under Competition Act
The Federal Court granted partial confidentiality for certain documents submitted by the respondent under the Competition Act, rejecting full sealing due to the lack of demonstrated serious risk to important interests.
Federal Court Approves Settlement for Data Breach Victims
The Federal Court approved a settlement in a class action lawsuit involving data breaches in government websites. The settlement recognizes the unauthorized access to personal and financial information of class members and grants compensation.
Cooperative Association Unit Allocation Process Upheld as Fair
A member of a cooperative association challenged the unit allocation process, claiming it was unfair. The tribunal reviewed the evidence and concluded the process was fair and adhered to the association's policies, dismissing the claimant's request for a better unit.
Board Amends Bargaining Unit Excluding Management Positions
Claimant Partially Successful in Bookkeeping Payment Dispute
The claimant provided bookkeeping services to the respondent and invoiced for the services. The respondent disputed the payment due to alleged errors and delays in communication. The Tribunal found the claimant partially successful and ordered the respondent to pay $630 for the bookkeeping services.
Claimant's Negligence Claim Against Auto Technician Dismissed
The claimant sued an auto technician for damaging her car's suspension airbag during an inspection. The court dismissed the claim because the claimant couldn't prove the technician was negligent.
Claimant's Inner Ear Injury Found Non-Minor by Civil Resolution Tribunal
Request for Deductible Return Dismissed in Recent Civil Resolution Tribunal Decision
In a recent decision, the Civil Resolution Tribunal dismissed a claimant's request for the return of their deductible. The Tribunal found that the insurer's determination of the claimant's full responsibility for the accident was correct, and the claimant failed to prove that an unknown driver was involved in the accident.
Supreme Court strikes down Quebec's electoral boundary law
The Supreme Court of Canada ruled that a law interrupting the process of redrawing electoral boundaries in Quebec is unconstitutional. The Court found that the law violated the right to vote under the Canadian Charter of Rights and Freedoms.
Small Claims Case Dismissed for Lack of Expert Evidence on Substandard Renovation Work
The claimant asked for $5,000 to fix a bathroom that was renovated poorly. However, the Tribunal said there wasn't enough proof from experts to show the work was really bad, so they dismissed the claim.
Unjust Dismissal Complaint Dismissed for Untimeliness
Supreme Court Upholds National Security Act Provision
Mother Recovers Part of Loan from Daughter in Small Claims Case
Union Successfully Expands Bargaining Unit Under Canada Labour Code
In this case, a union successfully applied to expand its bargaining unit under the Canada Labour Code. The Board certified the union as the bargaining agent for the expanded unit after confirming that the union had majority support among the employees to be included.