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.
Summer Camp Refund Claim Rejected by Civil Resolution Tribunal
A parent requested a refund for summer camp fees, claiming false advertising and unsafe conditions. The Civil Resolution Tribunal dismissed the claim, ruling that the parent did not provide sufficient evidence to support their allegations.
Hit and Run Insurance Claim Allowed: Compensation for Repairs
Civil Resolution Tribunal Rules Claimant's Injuries Minor
Federal Board Rules on Telework Jurisdiction
The Federal Public Sector Labour Relations and Employment Board decided on whether certain terms related to telework could be included in an arbitral award. They found that some proposals were within their jurisdiction, while others were not, based on the Parliamentary Employment and Staff Relations Act.
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.
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.
Federal Court Allows Appeal on Administrative Monetary Penalty
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.
Claimant's Request for Deductible Refund After Accident Dismissed
Costs Assessment Decision in Federal Court Appeal
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.
Claimant's Request for GST on Holdback Amount Rejected by Civil Resolution Tribunal
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 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 of Appeal Details Costs Assessment Based on Tariff Rates
Member Found Liable for Fees Despite Non-Attendance and Financial Hardship
Contractor Entitled to Payment for Electrical Installation Services
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.