General & Other
General & Other judgments from Canadian courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.
Plumbing Repairs and Cleaning Expenses in Property Purchase - Civil Resolution Tribunal Decision
Claimant's Home Inspection Claims Dismissed by Civil Resolution Tribunal
CRT Cannot Grant Injunctive Relief in Small Claims Cases
Federal Court Sets Aside Denial of Security Clearance Due to Procedural Fairness Issues
The Federal Court ruled that a decision denying a security clearance was unreasonable and violated procedural fairness. The court ordered the matter to be reconsidered with more detailed information provided to the applicant.
Nuisance Claim Over Noise Dismissed by Civil Resolution Tribunal
In a recent British Columbia Civil Resolution Tribunal case, neighbours disputed over noise complaints. Both the claim and counterclaim were dismissed as neither party provided sufficient evidence to prove a private nuisance or harassment.
Trade Union Certified as Bargaining Agent for Airport Security Staff in Kuujjuaq
The Canada Industrial Relations Board certified the United Steelworkers, Local 9554 as the bargaining agent for a specific group of workers at the Kuujjuaq Airport. This means the union can now negotiate on behalf of these employees.
Federal Court Upholds Canadian Judicial Council's Screening Decisions
Contractor Entitled to Payment for Completed Plumbing Work
A contractor provided plumbing services to a homeowner and invoiced for the work. The homeowner disputed the invoice, saying the work was defective. The Civil Resolution Tribunal reviewed the evidence and found the work was not obviously defective, ordering the homeowner to pay the full invoice amount.
Claimant's Chronic Pain Not Minor Injury Under IVA and MIR
Insurer's Denial of Hit-and-Run Claim Found Unreasonable
The Civil Resolution Tribunal ruled that an insurer's denial of a hit-and-run claim was unreasonable because there wasn't enough evidence to prove the claimant made a willfully false statement.
Claimant Loses Tire Failure Case Against Respondent - Civil Resolution Tribunal Decision
Claimant Seeks Compensation for Lost Guitars - Awarded Reduced Amount
A claimant sought compensation for three guitars lost in a fire at a pawn shop. Despite claiming a high value, the court awarded only $500 due to insufficient evidence.
Insurer's Responsibility Assessment Overturned Due to Unreasonable Determination
In a recent decision, the Civil Resolution Tribunal found that an insurer's determination of accident responsibility was unreasonable because it did not consider the claimant's post-accident video. The tribunal concluded that the claimant was not responsible for the accident.
Insurer's Determination of Accident Responsibility Upheld by Civil Resolution Tribunal
In a recent case, the Civil Resolution Tribunal reviewed an insurer's decision regarding accident responsibility. The tribunal found the insurer's determination that the servient driver was entirely responsible for the accident to be reasonable and supported by the evidence and applicable law.
Environmental Appeals Board Reduces Economic Benefit Assessment for Violations
The Environmental Appeals Board reduced the economic benefit assessment from $220,000.00 to $82,691.96 for a company found guilty of environmental violations. The administrative penalty remained unchanged at $37,500.00.
Claimant Loses Vacuum Malfunction Case at Civil Resolution Tribunal
Claimant Partially Successful in Truck Sale Proceeds Dispute
The claimant asked for a larger share of the sale proceeds from a jointly-owned truck, saying he did most of the work to fix it. The Tribunal ruled that the claimant is only partly right and ordered a smaller share of the proceeds.
Claimant Loses Dog Attack Case in Civil Resolution Tribunal
In a recent case heard by the Civil Resolution Tribunal, a claimant sued a neighbor for a dog attack that resulted in the death of the claimant's pet. The Tribunal dismissed the claim, ruling that the claimant failed to provide sufficient evidence that the neighbor's dog had a history of dangerous behavior.