General & Other
General & Other judgments from Canadian courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.
Dismissal for Wilful Misconduct: Using Racial Slurs
A worker was fired for using racial slurs at work. The court ruled that this behavior was severe enough to warrant immediate dismissal without notice or pay in lieu, according to the Labour Standards Code.
Civil Resolution Tribunal Rules Claimant's Injuries Minor
Respondent Held Personally Liable for Unpaid Plumbing Invoice
Water Damage Claim Dismissed Due to Lack of Proof of Negligence
Personal Trainer Wins Fees for Services Rendered and Office Space Used
Vehicle Repair Claim Dismissed Due to Lack of Evidence
The Civil Resolution Tribunal dismissed a claim for vehicle repair costs because the claimant did not provide enough evidence to support her case. The decision emphasizes the need for proper documentation in insurance claims.
Federal Court Upholds FLA Decision on Promotion Competition
The Federal Court dismissed an application for judicial review of a decision by a Final Level Adjudicator (FLA) in a grievance system. The applicant claimed that the FLA's decision was procedurally unfair and biased. The court found the FLA's decision to be reasonable and fair.
Service Provider Wins Unpaid Invoices Case in BC Small Claims
A service provider successfully recovered unpaid invoices from a client in a BC Small Claims case. The Tribunal ruled in favour of the service provider, ordering the client to pay the full amount owed, including interest and fees.
Claimant's Request for Deductible Refund After Accident Dismissed
Federal Court of Appeal Details Costs Assessment Based on Tariff Rates
Federal Court Allows Appeal on Administrative Monetary Penalty
Appeal Dismissed Due to Untimely Filing
The Environmental Appeals Board dismissed an appeal filed by the claimant due to untimely filing. The claimant tried to extend the deadline but did not provide enough proof of extenuating circumstances.
Claimant Wins Partial Damages for Lost Bedroll in Small Claims BC
The claimant loaned her car to the respondent, who returned it without a bedroll. The claimant successfully recovered partial damages for the lost bedroll but failed to recover costs for an air filter and deodorizer.
Federal Court Dismisses Judicial Review Challenging Disciplinary Decision
The Federal Court dismissed an application for judicial review challenging a disciplinary decision. The court found that the claimant failed to follow proper procedures and awarded costs to the respondents.
Equal Responsibility Found in Minor Parking Lot Collision
In a minor collision in a parking lot, the Civil Resolution Tribunal found both drivers equally responsible. The claimant was awarded partial damages for overpaying their insurance deductible.
Costs Assessment Decision in Federal Court Appeal
Claimant's Request for GST on Holdback Amount Rejected by Civil Resolution Tribunal
Claimant Loses Stone Delivery Dispute at Civil Resolution Tribunal
The claimant ordered stone for her home's exterior and claimed the delivered stone was the wrong color. However, the tribunal ruled that the claimant did not provide enough proof that the stone was incorrect, resulting in a decision in favour of the respondent for payment of the stone and delivery charges.
Federal Court Grants Trademark Registration Despite Utilitarian Function Objections
The Federal Court granted permission to submit additional evidence and overturned the Board's decision, allowing the registration of a trademark. The court ruled that the trademark's features were not primarily dictated by a utilitarian function, making it eligible for registration.
Breach of Contract Claim Against Lender Dismissed Due to Lack of Evidence
In a recent case, a borrower claimed that a lender's unauthorized credit inquiries caused him to pay a higher interest rate on a car loan. However, the Civil Resolution Tribunal dismissed the claim because the borrower could not provide enough proof that the credit inquiries affected his credit score.