General & Other
General & Other judgments from Canadian courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.
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.
Union Certified as Bargaining Agent for Employee Drivers
Refund Request for Defective Scooter Denied by Civil Resolution Tribunal
The claimant bought a mobility scooter and later requested a full refund, claiming it was defective. The respondent argued the scooter was not defective and offered to repair it free of charge. The Civil Resolution Tribunal reviewed the evidence and concluded the claimant did not provide enough proof that the scooter was defective, leading to the dismissal of the refund request.
Federal Court of Appeal Upholds Lower Court's Decision on Motion to Strike
Tribunal Rules Against Slander Claims in Small Claims Cases
In a recent case, the Civil Resolution Tribunal dismissed a claimant's request for damages due to slander, citing a lack of jurisdiction to hear such claims in small claims cases.
Claimant Wins Traffic Light Damage Case in Civil Resolution Tribunal
The claimant's traffic light was damaged in a car accident. The tribunal ruled that one driver was negligent for running a red light, making them responsible for the damage. The claimant received compensation for the repairs and interest.
Small Business Wins Unpaid Restaurant Supplies Debt Case
Supreme Court Upholds Sexual Assault Conviction Despite Alibi Defense
Union's Request for Retroactive Pay Adjustments Pending New Classification Denied
Federal Court Allows Appeal to Reinstated Trademark Registration
Claimant's Grievances Partially Allowed by Federal Public Sector Labour Relations and Employment Board
The Federal Public Sector Labour Relations and Employment Board partially allowed the claimant's grievance regarding suspension without pay during an administrative investigation, reducing the suspension to one day. The grievance concerning rejection on probation was dismissed for lack of jurisdiction.
Contractor Wins Payment Dispute in Small Claims Court
A contractor successfully recovered payment for mechanical repair work performed for a client. The contractor claimed $5,000 for 69 hours of work at $70 per hour. The court accepted the contractor's timesheets and ordered the client to pay the full amount.
Employee Awarded Additional Severance Pay for Insufficient Termination Notice
The tribunal decided that the employer must pay the employee additional severance pay for insufficient termination notice. The claim for mileage expenses was dismissed due to lack of evidence.
Environmental Appeals Board Reduces Administrative Penalties
Debt Recovery Success Despite Financial Hardship - Civil Resolution Tribunal
Certification of Bargaining Agent Revoked Due to Lack of Employee Support
In this case, the Canada Industrial Relations Board revoked the certification of a bargaining agent because a majority of employees no longer wanted the agent to represent them. This decision was made according to the Canada Labour Code.
Room Rental and Laser Machine Contract Dispute Resolved
The claimant wanted to end a laser machine rental contract early due to health issues. The respondent argued the contract required arbitration. The Tribunal ruled the arbitration clause didn't apply and awarded some damages.
Self-Represented Worker Fails to Prove Less Responsibility in Accident Claim
A self-represented worker's claim for accident responsibility was dismissed by the Civil Resolution Tribunal. The worker argued that a lack of training contributed to the accident, but failed to provide any evidence to support this claim.
Small Claims Case Over $5,000 Refused by Civil Resolution Tribunal
Partial Visa Service Refund Granted in Civil Resolution Tribunal Decision
The claimant requested a refund for visa services after deciding not to start her studies. The tribunal reviewed the contract and granted a partial refund of $2,830, plus interest and costs.