General & Other
General & Other judgments from Canadian courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.
Board Certifies Bargaining Agent for Fort McMurray Employees
The Canada Industrial Relations Board certified a bargaining agent for a specific group of employees in Fort McMurray, Alberta, excluding office and clerical staff. The board rejected the employer's arguments about including supervisors and temporary workers in the bargaining unit.
Small Claims Dispute Over Unfinished Work Dismissed by Civil Resolution Tribunal
Claimant's Claims Regarding Deficient Painting Work and Jacket Damage Dismissed
Federal Court Remands Request for Redetermination Under Access to Information Act
In a recent Federal Court decision, a request for record disclosure was remanded back to the decision-maker for redetermination. The court found that the decision-maker had not provided sufficient justification for withholding records under the Access to Information Act.
Vehicle Damage Claim Dismissed Due to Notice Failure
Landscaper Must Pay Outstanding Tax on Services Rendered
Claimant's Application to Include ROC Positions in Certification Dismissed
Contractor Held Liable for Improper Flooring Installation - Small Claims Decision
Judicial Review Struck as Premature Due to Available Remedies
Claimant Wins Misrepresentation Case Over Used Vehicle Condition
The claimant bought a used vehicle from the respondent and alleged that the respondent misrepresented the vehicle's condition. The tribunal ruled in favour of the claimant, finding that the respondent was negligent in not disclosing known defects, and awarded the claimant $4,999 in damages.
Claimant Partially Successful in HVAC and Plumbing Deficiency Claim
The claimant sued for damages due to alleged deficiencies in HVAC and plumbing installations. While the Tribunal dismissed most claims, it awarded $840 for venting terminations, concluding the work was not deficient in those areas.
Claimant Loses Accident Responsibility Claim Against Insurer
The claimant argued that the insurer improperly assigned responsibility for a motor vehicle accident. The tribunal dismissed the claimant's claims, ruling that the insurer's actions were proper and reasonable.
Claimant's Request for Reimbursement Denied in Romantic Relationship Case
The Tribunal ruled that items given as gifts during a romantic relationship cannot be reclaimed as loans. The claimant's request for reimbursement was denied.
Contractor Entitled to Payment Despite Allegations of Misconduct
A contractor was entitled to payment for services rendered, even though the client claimed the work was unprofessional and that the contractor misrepresented the status of the water tank's warranty. The Tribunal ruled that the contractor's obligation to be paid remained unchanged.
Fireplace Repair Negligence Ruled in Small Claims Case
Buyer Wins Compensation for Timber Posts After Property Sale
Respondent Ordered to Pay Legal Fees and Interest
In a dispute over legal fees, the Civil Resolution Tribunal found that the respondent must pay the claimant's invoices and contractual interest. The Tribunal determined that the claimant's charges were reasonable and the respondent did not provide sufficient evidence to prove the charges were excessive.
Negligence Claim Against Mechanic Dismissed Due to Lack of Expert Evidence
The Civil Resolution Tribunal dismissed a claimant's lawsuit against a mechanic for damaging the transmission of his car during a routine service. The claimant argued that the mechanic was negligent, but the court ruled that the claimant needed expert evidence to prove that the mechanic breached the standard of care. Since the claimant did not provide such evidence, his claim was dismissed.