General & Other
General & Other judgments from Canadian courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.
Unpaid Accounting Invoices Ruled on by Civil Resolution Tribunal
The Civil Resolution Tribunal ruled on a dispute between an accounting firm and a client over unpaid invoices. The tribunal found that a verbal agreement existed and awarded the claimant a reasonable payment for the services provided under the principle of quantum meruit.
Federal Court Rejects Challenge to Transgender Inmate's Male Institution Transfer
Federal Court Declares Patent Claims Invalid
The Federal Court declared that claims 10-12 of the 428 Patent are invalid due to insufficiency, dismissing the infringement claim. The Court found that the patent holder failed to prove the presence of all essential elements of the claims in the accused products.
Federal Court Grants Default Judgment for Trademark Infringement
Subcontractor Entitled to Reduced Payment for Deficient Work
Claimant's Lawn Service Claim Dismissed for Lack of Evidence
Claimant Lacks Standing to Sue Over Condo Purchase Agreement
The claimant tried to sue the respondent for a rescission fee related to a condo purchase agreement, but the CRT ruled that the claimant, who was acting as a power of attorney for his parents, did not have the legal standing to bring the claim. The case was dismissed.
Auto Repair Shop Found Liable for Negligent Brake Booster Installation
A customer sued an auto repair shop for improperly installing a brake booster, causing her vehicle to malfunction. The Civil Resolution Tribunal ruled in favour of the customer, finding the repair shop negligent.
Negligent Misrepresentation Claim Against Property Manager Dismissed
Civil Resolution Tribunal Refuses to Resolve Mobile Phone Service Agreement Dispute
The Civil Resolution Tribunal refused to resolve a dispute about a mobile phone service agreement, stating that such cases should be handled by the CRTC, not the Civil Resolution Tribunal.
Cooperative Ordered to Pay Bonuses After Unfair Prejudice
In a dispute over membership bonuses, the Civil Resolution Tribunal found that the cooperative's actions were unfairly prejudicial and ordered the cooperative to pay a portion of the claimed bonuses to the member.
Claimant's Challenge to Insurer's Accident Responsibility Rejected
The claimant challenged the insurer's determination of accident responsibility, arguing it was unreasonable. The tribunal dismissed the claimant's arguments, finding the insurer's determination was reasonable based on the evidence and law.
Claimant Partially Successful in Personal Property Dispute
The claimant sued the respondent for stealing personal property, including antique furniture, dirtbikes, and a computer. The claimant wanted $4,900 in compensation. However, the Tribunal ruled that the claimant did not prove ownership of the antique furniture and one of the dirtbikes. The claimant was only awarded $800 for the computer.
Supreme Court Upholds Mandatory Sentence for Sexual Services from Minors
Wedding Deposit Refund Claim Dismissed for Being Out of Time
Claimant Fails to Prove Liability for Towed Vehicle - Civil Resolution Tribunal Decision
In a dispute over a towed vehicle, the Civil Resolution Tribunal ruled that the respondent, who was an involuntary bailee, was not liable for the removal of the unauthorized vehicle from his property. The claimant failed to prove the respondent's responsibility for the losses incurred.
Federal Court Rejects Motion to Certify Class Proceeding
Lease Agreement Dispute Ruled in favour of Lessor
The Civil Resolution Tribunal ruled that a lessee who failed to make payments and returned a destroyed vehicle is liable for the outstanding balance within the CRT's monetary limit. The claimant, who leased a car to the respondent, was awarded $5,000.
Claimant Proves Negligence in Gas Line Damage
The claimant successfully proved that the respondent was negligent in damaging its gas line. However, the tribunal found that some of the repair costs claimed by the claimant were unreasonable and reduced the amount accordingly.
Federal Court Rejects Motion Challenging Procedural Fairness
The Federal Court dismissed a motion brought by a self-represented litigant challenging procedural fairness in a judicial review application. The court found no evidence of bias or procedural unfairness.