General & Other
General & Other judgments from Canadian courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.
Claimant's Emotional and Reputational Harm Claims Dismissed by Civil Resolution Tribunal
The Civil Resolution Tribunal dismissed a claimant's claims for emotional and reputational harm, and for the return of gifted earrings, due to insufficient evidence provided by the claimant.
Unpaid Legal Fees Ruling: Client Must Pay Lawyer's Invoice
In a recent ruling, the Civil Resolution Tribunal decided that a client must pay their lawyer's invoice for legal services. The tribunal found that the client had agreed to the services and therefore was required to pay the invoice amount of $983.50.
Employer Can Object to Grievance Untimeliness Despite Late Final-Level Decision
In a recent case, the Federal Public Sector Labour Relations and Employment Board decided that an employer can still object to the untimeliness of a grievance even if the final-level decision is made late, as long as the employer has objected at earlier levels and within 30 days of being notified.
Small Claims Decision on Car Repairs and Storage Fees
Partial Deposit Refund Granted in Plumbing Dispute - Civil Resolution Tribunal
Claimant Seeks Damages for Tow Service Dispute
In a small claims case, the claimant sought damages for extra fees, mental and emotional distress, and time spent on a dispute involving a tow service. The tribunal awarded partial reimbursement for the extra fees but dismissed the other claims, finding the claimant did not provide sufficient evidence for distress or time spent.
Employer Not Entitled to Deduct Expenses from Employee's Commission
Tenant Wins Bathroom Repair Costs, Loses Mental Distress Claim
A tenant successfully recovered costs for repairing her bathroom after water leaked from a neighboring unit. However, she was unable to receive compensation for mental distress due to insufficient evidence.
Non-Party Employer Not Liable for Employment Agreement Claims - Civil Resolution Tribunal Decision
A worker sued their employer's payroll administrator for unpaid wages, but the court ruled the payroll administrator was not liable since they were not part of the original employment agreement.
Federal Court Declares Litigant Vexatious Litigant
Trade Union Certified as Bargaining Agent for Specific Employee Unit
In this case, the Canada Industrial Relations Board certified a trade union as the bargaining agent for a specific group of workers. The board made this decision after finding that the union represented a majority of the employees in the proposed unit.
Claimant Fails to Prove Broken Washing Machine Repair in Small Claims Case
Claimant Wins Deposit Refund After Unjust Contract Cancellation
Trade Union Certified as Bargaining Agent for Wheelchair Attendants
The Canada Industrial Relations Board certified a trade union as the bargaining agent for a specific group of employees. This group includes all wheelchair attendants at Toronto Pearson International Airport, excluding certain higher-ranking positions.
Supreme Court Rules Police Violated Privacy Rights During Driveway Search
The Supreme Court of Canada decided that police violated a person's privacy rights by opening a truck door without permission or a warrant during an investigation of suspected impaired driving. The court ruled that the police actions went beyond the limits of an implied licence, which allows officers to approach a property for communication purposes.
Federal Court Denies Claimant's Motion for Extension of Time and Interlocutory Injunction
Federal Court of Appeal Partially Allows Patent Law Appeal
The Federal Court of Appeal recently ruled on a patent law case involving water slide patents. The court decided that certain patent claims were invalid due to overbreadth and not infringed, but disagreed on the utility of the patents.
Federal Court Denies Claimant's Motion for Judicial Review Extension
The claimant asked the Federal Court for extra time to challenge the respondent's decision to cancel their licences. However, the court denied the request because the claimant did not provide enough evidence explaining why they waited so long to ask for the extension.
Federal Court Grants Default Judgment for Oil Pollution Cleanup Costs
Claim for Accident Responsibility Determination Dismissed as Moot
The Civil Resolution Tribunal dismissed the applicant's claim for an accident responsibility determination as moot after the respondent changed its responsibility finding. The applicant was a minor at the time of the accident.