General & Other
General & Other judgments from Canadian courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.
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.
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.
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.
Small Claims Decision on Car Repairs and Storage Fees
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.
Claim for Unpaid Invoice Dismissed Due to Lack of Binding Agreement
Board Certifies Union as Bargaining Agent for St Catharines Vessel Workers
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.
Federal Court Declares Litigant Vexatious Litigant
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.
Claimant Fails to Prove Broken Washing Machine Repair in Small Claims Case
Employer Not Entitled to Deduct Expenses from Employee's Commission
Contract Compliance and Consumer Rights in Small Claims
In this small claims case, the claimant sought payment from the respondent for a custom window contract. The tribunal ruled the contract was valid and enforceable, despite the respondent's arguments that it lacked explicit cancellation rights and a specific supply date. The claimant was awarded $805.27 plus interest and CRT fees.
Small Claims Case: Overspray Damage Compensation
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.
Federal Court of Appeal Upholds Dismissal of Second-Generation Residential School Abuse Claim
The Federal Court of Appeal upheld the dismissal of a claim brought by a person alleging harm caused by second-generation effects of residential school abuse. The court ruled that the claim was barred by the comprehensive release in the Indian Residential Schools Settlement Agreement (IRSSA).
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.
Customer Wins Driveway Repair Costs Against Contractor
Mechanic Fails to Prove Negligence in Truck Repairs Claim
A mechanic claimed that a repair shop's work on his truck was negligent. However, he could not provide expert evidence to support his claim, resulting in the dismissal of his case.