General & Other
General & Other judgments from Canadian courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.
Settlement Agreement Dispute Over Snow Removal Services
Damage Claims Against Department Store Dismissed in Small Claims Case
In a recent small claims case, the Civil Resolution Tribunal dismissed a claimant's damage claims against a department store. The claimant argued that an open bottle of nail polish spilled on her clothing, causing damage. However, the court found that the claimant did not provide sufficient proof of negligence on the part of the store.
Claimant's Trespass and Property Damage Claims Dismissed
In a recent case heard by the Civil Resolution Tribunal, the claimant's claims for trespass and property damage were dismissed. The respondents also had counterclaims for pain and suffering, which were similarly dismissed. The Tribunal ruled that the respondents had an implied license to enter the property and that the claimant did not provide enough proof of damage.
Lost Income Claim Against Individual Respondent Dismissed
Trade Union Succeeds Another as Bargaining Agent Following Merger
In this case, a trade union successfully became the new bargaining agent after merging with another union. The Canada Industrial Relations Board made this decision based on the Canada Labour Code.
Claim Dismissed Due to Timing Issues Under the Limitation Act
The Civil Resolution Tribunal dismissed the claimant's claim against the employer because it was filed too late. The Tribunal determined that the claimant discovered his claim on November 15, 2022, making the claim out of time under the Limitation Act.
Insurer's Equal Responsibility Ruling Upheld in Motor Vehicle Accident
In a motor vehicle accident, the Civil Resolution Tribunal ruled that the insurer's determination of equal responsibility was reasonable based on the available evidence and applicable law, dismissing the claimant's arguments for a different allocation of responsibility.
Claimant's Breach of Contract Claim Dismissed Due to Insufficient Evidence
The Civil Resolution Tribunal dismissed the claimant's claim for breach of contract because they lacked sufficient evidence to prove that the appliances were not in good working order when they took possession of the unit.
Water Damage Claim Dismissed Due to Lack of Proof
In a British Columbia Civil Resolution Tribunal case, a claimant's request for compensation due to water damage was denied because there was not enough evidence to prove the respondent was negligent or caused a nuisance.
Claimant Wins $5,000 for Drafting Services Rendered
The claimant successfully recovered $5,000 for drafting services provided to the respondent. The Tribunal ruled in favour of the claimant, finding the respondent breached the contract by failing to pay the invoice.
Claimant Wins Reimbursement for Missed Fishing Day and Accommodation Costs
Refund Claim for Canceled Hair Services in BC Small Claims
In this BC Small Claims case, the claimant requested a refund after the respondent canceled a hair service appointment. The court ruled that the respondent's cancellation was a repudiation of the contract, making the claimant eligible for a refund of the installation fee.
Federal Employee's Suspension Reduced to Verbal Reprimand Due to Lack of Clear Evidence
Norwich Order Granted for Copyright Infringement
Unpaid Loan Claim Dismissed Due to Lack of Evidence
The Civil Resolution Tribunal dismissed a claimant's request for repayment of an unpaid loan because the claimant did not provide enough evidence to prove the amount owed. The respondent argued that the loan had been repaid with pills and that the amount claimed was incorrect.
Blinds Refund Request Rejected in Civil Resolution Tribunal Decision
The Civil Resolution Tribunal dismissed a claimant's request for a refund of blinds due to alleged defects. The Tribunal found the claimant failed to provide sufficient evidence of the blinds being defective or of the seller's negligence.