General & Other
General & Other judgments from Canadian courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.
Claimant Loses Accident Responsibility Claim Before Civil Resolution Tribunal
Claimant Entitled to Payment for Additional Moving Time
The claimant asked for extra payment for moving services due to unexpected delays. The respondent said the original estimate was final. The tribunal sided with the claimant, saying the extra charges were fair.
Costs Assessment in Federal Court Appeal
The Federal Court of Appeal assessed the costs of an appeal based on the complexity and importance of the issues involved, following the Federal Courts Rules.
Costs Assessment for Patent Infringement Appeals in Federal Court of Appeal
Claimant's Request for Refund Dismissed by CRT
The claimant asked for a refund because they claimed the credit card charges were unauthorized and the windows were defective. The CRT ruled against the claimant, saying there was no proof of defects and the charges were authorized.
Tankless Water Heater Claim Rejected by Civil Resolution Tribunal
The Civil Resolution Tribunal dismissed a homeowner's claim for compensation after discovering their new home had a traditional water heater instead of a promised tankless one. The Tribunal ruled that the claimant failed to provide sufficient proof that the seller was obligated to install a tankless water heater.
Claimant Wins Damages for Incorrect Collision Responsibility Determination
The claimant won damages after proving that the insurance company incorrectly determined responsibility for a collision. The tribunal awarded $150 in damages, interest, and CRT fees.
Decision on Accident Responsibility in BC - Civil Resolution Tribunal
Canada Industrial Relations Board Rules on Sale of Business and Bargaining Unit Transfer
Request for Payment of Legal Services Dismissed by BCCRT
Claimant's Request for Fence Replacement Reimbursement Denied
The claimant asked the Civil Resolution Tribunal to reimburse her for replacing a fence on common property. The tribunal decided that the claimant was responsible for the cost according to the agreement between the parties and denied her request.
Contractor Wins Flooring Payment in Small Claims Case
A contractor successfully recovered payment for flooring work from a subcontractor in a Small Claims case. Despite the subcontractor's claims of unauthorized electrical work and warranty voiding, the Civil Resolution Tribunal ruled in favour of the contractor.
Contractor Not Liable for Neighbour's Vehicle Damage - Claim Dismissed
A homeowner hired a contractor to mow her lawn. She claimed that the contractor's actions damaged her neighbour's vehicle and sought compensation. However, the Tribunal found that she could not prove the contractor caused the damage or had a legal obligation to pay the neighbour.
Claimant's Attempt to Recover Damages for Missing Items and Poorly Conditioned Firearms Dismissed
Claimant's Challenge to Insurer's Accident Responsibility Determination Dismissed
The claimant challenged the insurer's decision that he was fully responsible for a car accident. The Civil Resolution Tribunal reviewed the evidence and found that the insurer's determination was reasonable and supported by the facts. The claimant's challenge was dismissed.
Claimant's Request to Overturn Accident Responsibility Assessment Rejected
The Civil Resolution Tribunal dismissed a claimant's application to overturn an insurer's accident responsibility assessment. The claimant argued that the insurer incorrectly assessed the driver's responsibility. However, the Tribunal found that the claimant did not provide sufficient evidence to prove that the driver was less responsible for the accident.
Claimant's accident responsibility reduced to 80%
The Civil Resolution Tribunal reduced the claimant's responsibility for a motor vehicle accident from 100% to 80%. The Tribunal found the respondent's determination was unreasonable and not supported by the evidence and applicable law.
Claimant Secures $5,000 Repayment for Personal Loan in Civil Resolution Tribunal Case
The Civil Resolution Tribunal ruled in favour of the claimant, ordering the respondent to repay $5,000 of a personal loan. The decision was based on text messages and a bank draft provided by the claimant.
Federal Court of Appeal Upholds Decision on Access to Information Act Request
Claimant Secures Default Judgment Against In Personam Defendant
The claimant successfully obtained a default judgment against the in personam defendant but failed to secure judgment against the in rem defendants. The court awarded the claimant $413,291.04 plus interest and costs.