General & Other
General & Other judgments from Canadian courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.
Federal Court of Appeal Upholds Board's Decision on Late Complaints
Federal Court Rejects Challenge to Rezoning Decision
Claim Dismissed for Being Out of Time Under Limitation Act - Civil Resolution Tribunal
Claimant Loses Accident Responsibility Claim Before Civil Resolution Tribunal
The claimant argued he was not involved in an accident, but the tribunal reviewed statements from witnesses and found the respondent's determination of accident responsibility was reasonable under the Motor Vehicle Act.
Employer's Unauthorized Wage Deductions Ruled Illegal
Union Certified as Bargaining Agent for Customer Service Employees
Claimant Wins Breach of Settlement Agreement Over Bathtub Installation
Federal Court Dismisses Judicial Review Application Against Public Safety Ministry
In a recent Federal Court decision, the application for judicial review was dismissed. The applicant, a public servant, had filed a grievance against an internal investigation process, but the court found that the decision was reasonable and dismissed the application.
Federal Court Dismisses Judicial Review Application
In a recent Federal Court decision, a judicial review application was dismissed. The court ruled that the grievance decision was reasonable and procedurally fair, focusing on the reasonableness of the decision rather than the merits of the allegations.
Loan Contract Upheld Despite Handwriting Issues
In a recent Civil Resolution Tribunal case, a loan contract was upheld despite the borrower's claims that the contract was incomplete and the initials did not match her handwriting. The Tribunal ruled that the contract was valid and enforceable.
Federal Court Grants Injunction Against Trademark Infringement
Supreme Court Rejects Appeal Challenging Rejection of New Evidence
Standing Requirements for Water License Appeals
Supreme Court Upholds Forfeiture Jurisdiction Post-Unreasonable Delay
Federal Court of Appeal Denies Extension of Time Appeal
In this case, the Federal Court of Appeal denied an appeal requesting an extension of time to file a notice of appeal due to a significant delay. The court highlighted the necessity of providing a reasonable explanation for the delay and considered the potential prejudice to the respondents.
Federal Court Adjusts Costs in Judicial Review Case
In a recent Federal Court case, the Court assessed and adjusted the claimed costs in a judicial review proceeding. The assessment officer reviewed the claimed costs and made adjustments according to the Court's previous decision and applicable case law.
Federal Court Orders $65,000 in Damages for Unjustified Force Against Inmate
The Federal Court ruled that an inmate was wrongfully subjected to excessive force by correctional officers and awarded him $65,000 in damages. The court emphasized the need for proportionality in the use of force and recognized the violation of the inmate's constitutional rights.
Claimant Loses Accident Responsibility Claim Before Civil Resolution Tribunal
The Civil Resolution Tribunal dismissed a claimant's argument that an insurer incorrectly assessed responsibility for a motor vehicle accident. The claimant argued that he was not solely responsible for the accident and should not have had to pay a $500 deductible. However, the Tribunal found that the claimant did not prove his case and dismissed his claims.