General & Other
General & Other judgments from Canadian courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.
Claimant Challenges Accident Responsibility Ruling Successfully
The claimant successfully challenged the insurer's decision to hold her fully responsible for a collision. The tribunal reviewed the evidence and found that the claimant was partially responsible, adjusting the responsibility accordingly.
Insurer's refusal of vehicle repairs unjustified - Civil Resolution Tribunal Decision
Claimant's Request for Insurance Deductible Refund and Pain Damages Rejected
The claimant asked for a refund of their $2,500 insurance deductible and $2,500 in damages for pain and distress after an accident. The Civil Resolution Tribunal dismissed both requests, ruling that the claimant did not provide sufficient evidence to prove the insurer's determination of fault was incorrect.
Federal Court Dismisses Judicial Review Application for Failure to Exhaust Remedies
Request for Tree Removal and Compensation Dismissed by Civil Resolution Tribunal
Federal Court of Appeal Upholds Tribunal's Denial of Pleading Amendments
The Federal Court of Appeal dismissed an appeal from a decision of the Tribunal denying amendments to the pleadings. The Court held that the relevance of a prior internal investigation was not a basis for granting amendments if the amendments were irrelevant to the question of remedy.
Federal Court of Appeal Rejects Procurement Complaint
The Federal Court of Appeal rejected a claimant's challenge to the Canadian International Trade Tribunal's decision on remedies in a procurement case. The claimant argued that the respondent's substitution of ship masters was improper, but the Court found the Tribunal's decision reasonable.
Contractor Must Pay for Completed Work That Meets Standard
The Civil Resolution Tribunal ruled that a contractor must pay for completed work if the work meets the required standard. In this case, the contractor was ordered to pay $2,072 for interior signage work.
Freight Forwarder Not Held Responsible for Missing Goods in Recent BC Case
A company tried to sue a freight forwarding company for losing some of its clothing during transit. The court dismissed the claim because the company did not provide enough evidence to prove the loss or the terms of the agreement.
Union Certified as Bargaining Agent for Operations Supervisors
Claimant's Grievance Over Overtime Shift Denied
Employer's Narrower Interpretation of Accommodation Plan Upheld
Claimant's claims dismissed in motor vehicle accident case
Federal Court Grants Judicial Sale of Deteriorating Vessel
Federal Court Rejects Timeliness Challenge in Pay Eligibility Grievance
Employer Wins Unlawful Strike Declaration Over Picket Line Refusal
SeaDoo Return Ordered Upon Payment - Civil Resolution Tribunal Decision
Complaint Dismissed for Being Filed Under the Wrong Section of the FPSLRA
A worker's complaint about how her harassment investigation was handled was dismissed because she filed it under the wrong section of the FPSLRA. The court said she should have filed under a different section since her complaint was about the Canada Labour Code, not the FPSLRA.
Canada Industrial Relations Board Dismisses Bargaining Complaints as Moot
Employer Must Fully Reimburse Special Driver's License Costs
The Federal Public Sector Labour Relations and Employment Board ruled that an employer must fully reimburse the cost of obtaining a special class of driver's license as required by the collective agreement. The employer argued that only the cost difference between the standard and special license should be reimbursed, but the Board disagreed.