General & Other
General & Other judgments from Canadian courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.
Civil Resolution Tribunal Rejects Challenge to Accident Responsibility Determination
Federal Court Strikes Out Application for Mandamus
In a recent Federal Court decision, an application for mandamus was struck out because the applicant failed to show a legal basis for the requested relief, including the disclosure of financial records and prohibition of withdrawals.
Federal Court Upholds Commissioner's Section 11 Powers After Tribunal Proceedings
The Federal Court of Appeal ruled that the Commissioner can still use section 11 orders to gather information even after starting proceedings before the Tribunal. This decision clarifies the Commissioner's investigative powers and their continuation despite ongoing Tribunal cases.
Claimant's Claims for Bicycle and Transit Pass Dismissed by Civil Resolution Tribunal
In a small claims case, the Civil Resolution Tribunal dismissed the claimant's claims for a bicycle and a transit pass. The claimant failed to provide enough evidence to prove the respondent's responsibility for the bicycle's loss and the value of the bicycle.
Claimant's Request for Horse Boarding Refund Denied
The claimant asked for a refund of $1,408.40 for horse boarding services, claiming the respondent did not provide the service as agreed. The Tribunal ruled that the respondent did not fundamentally breach the contract, denying the claimant's request for a refund.
Request for Payment of Chimney Products Dismissed
The claimant asked for payment for chimney products from the respondent. However, the Tribunal ruled that the claimant did not provide sufficient proof of a valid contract and delivery of the products, dismissing the claim.
Real Estate Warranty Claim Dismissed Due to Lack of Evidence
Refund Request Denied for Defective Washing Machine - Civil Resolution Tribunal Decision
Federal Court Upholds Interpretation of 'High Electric Field' in Patent Case
In a recent decision, the Federal Court of Appeal upheld the lower court's interpretation of the term 'high electric field' in a patent infringement case involving French fry production technology. The Court determined that a skilled person in the relevant field would interpret the term as referring to electric fields within a specific voltage range.
Canada Industrial Relations Board Approves Employer Name Change
The Canada Industrial Relations Board updated a certification order after an employer changed its name. This ensures the bargaining unit accurately reflects the current workforce structure.
Federal Board Partially Allows Arbitrary Representation Claim
The Federal Public Sector Labour Relations and Employment Board partially allowed a claim alleging arbitrary representation by a bargaining agent in refusing to file a grievance based on race and colour. The Board found the claimant's arguments valid regarding the arbitrary nature of the refusal but dismissed other aspects of the complaint.
Claimant's Claim for Compensation Related to Insurance Deductible and Increased Premiums Dismissed
Employer Seeks Recovery of Wage Overpayment from Former Employee
An employer tried to get back money they mistakenly paid to a former employee after she quit. The tribunal said the employer was right to ask for the money back, but only for part of it, plus interest and costs.
Claimant's Request for Compensation for Increased Insurance Premiums Dismissed
Claimant Wins Passing Off Case Against Respondents Over Multicultural Events Trademark
In a recent Federal Court case, the claimant successfully proved passing off under paragraph 7(b) of the Trademarks Act against multiple respondents over the use of a trademark associated with multicultural events and restaurant promotions. The respondents were ordered to stop using the trademark and were required to pay damages and costs to the claimant.
Claimant's Request for Heat Pump Damages Dismissed by Civil Resolution Tribunal
Small Claims Case Dismisses Motor Vehicle Accident Claims
Mortgage Lender Recovers Overpayment Due to Clerical Error
Claimant Wins Breach of Contract Case in BC Small Claims
Claimant Loses Case Against Insurer's Responsibility Assessment
In a recent Small Claims case, the claimant tried to get compensation from an insurance company after a car accident. The claimant argued the insurance company wrongly assessed his responsibility for the accident. However, the tribunal found the claimant did not provide enough evidence to support his claim and dismissed it.