General & Other
General & Other judgments from Canadian courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.
CRT Adjusts Insurer's Unreasonable Accident Responsibility Assessment
Employer Found Guilty of Violating Section 50(a) of Canada Labour Code
Contractor Wins Payment for Completed Electrical Work
Wedding Photography Contract Dispute Dismissed in BC Small Claims Court
Insurer's Full Responsibility Determination Upheld in Motor Vehicle Accident Case
In a motor vehicle accident, the claimant argued the insurer's determination that they were fully responsible was unreasonable. The tribunal reviewed the evidence and concluded the insurer's determination was reasonable, as the claimant had reversed unsafely.
Small Claims Case: Emergency Chiller Repairs Invoice Upheld
In a recent Small Claims case, the Civil Resolution Tribunal decided to uphold an invoice for emergency repairs to a chiller. The respondent argued that the claimant did not perform regular maintenance, overcharged, and was negligent. However, the Tribunal found that the claimant had proven the necessity and correctness of the repairs, thus upholding the invoice.
Claimant Entitled to Payment for Car Parts Under Quantum Meruit - Civil Resolution Tribunal Decision
In a small claims case, the Civil Resolution Tribunal awarded the claimant payment for car parts supplied to the respondent based on quantum meruit principles, considering the market value of the benefit obtained by the respondent.
Claimant's Claims Dismissed Due to Lack of Evidence - Civil Resolution Tribunal
Supreme Court Rejects Appeal: Affirms Lower Court’s Decision
Claimant Wins Case Against Insurer's Determination of Accident Responsibility
In a recent case, the Civil Resolution Tribunal ruled that the claimant was not responsible for the damage to the respondent's vehicle. The decision was based on the lack of credible evidence supporting the respondent's determination of accident responsibility.
Trade Union Certified as Bargaining Agent for Employee Unit
Excessive Speeding Breach Results in $1,000 Penalty for Renter
In a recent case, a renter was fined $1,000 for excessive speeding as stated in their rental agreement. The Civil Resolution Tribunal ruled in favour of the rental company, enforcing the penalty.
Insurance Claim Dismissed Due to False Statement About Vehicle Damage
Payment for Completed Plumbing Work - Civil Resolution Tribunal Decision
In this case, the Civil Resolution Tribunal ruled that the contractor is entitled to payment for completed plumbing work but not for disputed charges. The homeowner argued that the work was incomplete and of poor quality, but the Tribunal found insufficient evidence to support these claims.
Claimant Fails to Prove Negligence in Late Payment Charge
In a small claims case, the claimant tried to get reimbursed for a late payment charge they paid after missing a utility invoice payment. They claimed the respondent was negligent for not updating their mailing address after a fire. However, the Civil Resolution Tribunal found the claimant didn't provide enough proof of negligence and dismissed the claim.
Claimant Loses Request to Overturn Accident Responsibility Decision
The Civil Resolution Tribunal ruled that a driver was fully responsible for an accident after they opened their car door unsafely, dismissing the claimant's request to overturn the insurer's determination of accident responsibility.
Federal Court Upholds Procedural Fairness Requirement for First Nations Land Disputes
Claimant's Challenge to Accident Responsibility Determination Dismissed
The Civil Resolution Tribunal dismissed the claimant's challenge to the respondent's accident responsibility determination. The claimant argued that they should be held 0% responsible for the accident, but the Tribunal found the determination reasonable based on the Motor Vehicle Act.