General & Other
General & Other judgments from Canadian courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.
Federal Court Rejects Motion Challenging Procedural Fairness
The Federal Court dismissed a motion brought by a self-represented litigant challenging procedural fairness in a judicial review application. The court found no evidence of bias or procedural unfairness.
Federal Court of Appeal Upholds Adjudicator's Decision on Conduct Issues
Claimant Proves Negligence in Gas Line Damage
The claimant successfully proved that the respondent was negligent in damaging its gas line. However, the tribunal found that some of the repair costs claimed by the claimant were unreasonable and reduced the amount accordingly.
Employer Successfully Recovers Overpaid Wages and Laptop Costs
In a recent case, an employer successfully recovered overpaid wages and the cost of a laptop and accessories from an employee. The Civil Resolution Tribunal found that the employee was unjustly enriched by the overpayment and failed to return the company property.
Claimant Wins Damages for Water Connection Damage
The claimant successfully sued the respondents for damages caused by trespassing on their property during driveway construction. The Tribunal ruled in favour of the claimant, ordering the respondents to pay for the damages.
Federal Court Rejects Late Filed Grievance for Being Out of Time
Claimant Wins Partial Damages for Chaise Lounge Damage
Small Claims Dispute Dismissed Due to Lack of Evidence
Claimant's Reimbursement Claim for Water Damage Repairs Dismissed by Civil Resolution Tribunal
Executor Claims Credit Refund Successfully
An executor of a deceased person successfully claimed a credit refund from a respondent in a small claims case. However, the claim for stress damages and time spent on the claim was dismissed.
Federal Court of Appeal Dismisses Appeal for Mootness
Federal Court Rejects Application for Judicial Review on Military Service Extension
A retired a person member applied for judicial review after being denied an extension beyond their mandatory retirement age. The Federal Court found that the decision to deny this extension was reasonable based on the absence of special needs or operational demands requiring continued service.
Refund Awarded for Breach of Verbal Contract
The Civil Resolution Tribunal ruled in favour of the claimant, who successfully argued that the respondent breached a verbal contract by failing to deliver well testing results in a timely manner. The claimant was awarded a refund of $1,470.85.
Federal Court Rejects Judicial Review of Military Retirement Extension
The Federal Court dismissed a judicial review application filed by a military personnel seeking an extension of his compulsory retirement age. The court ruled that the decision was reasonable and procedurally fair.
Respondent Held Personally Liable for Service Provider's Invoice
In a recent case, the Civil Resolution Tribunal ruled that a respondent who contracted with a service provider without disclosing their connection to a corporation was personally liable for the resulting invoice. The decision underscores the necessity of transparency in contractual agreements.
Claimant Wins Compensation for Used Clothing Underpayments in Civil Resolution Tribunal Case
Claimant Wins Shipping Container Accessibility Dispute
The claimant bought a shipping container from the respondent but couldn't pick it up because it wasn't accessible as promised. The Civil Resolution Tribunal ruled in favour of the claimant, rescinding the contract and ordering the respondent to return the deposit and pay for the shipping company's failed delivery attempt.
Unpaid Wages Claim Dismissed Due to Lack of Evidence
The Civil Resolution Tribunal dismissed a worker's claim for unpaid wages because the worker could not provide proof of an employment contract or detailed work records. The employer argued the worker was hired by a subcontractor, not directly by them.