General & Other
General & Other judgments from Canadian courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.
Federal Court strikes parts of judicial review application
Professional Negligence Claim Against Dental Clinic Dismissed Due to Lack of Expert Evidence
A patient claimed that a dental clinic failed to properly fix his dentures, leading to additional dental expenses. However, the Civil Resolution Tribunal dismissed the claim due to insufficient evidence.
Federal Court Orders Disclosure in Nuclear Safety Case
Certification of Bargaining Agent Excluding Office Staff
Federal Court Rules on Disclosure in Uranium Mine Case
In this case, the Federal Court ordered the Canadian Nuclear Safety Commission (a person) to disclose more a person about its decision regarding an a person fine imposed on a company for work related to a uranium mine project in Northern a person. The court ruled that additional materials are necessary for a fair review of the a person's decision.
Costs Assessment Under Federal Courts Rules
Supreme Court Rules on Disclosure of Expunged Police Misconduct Records
The Supreme Court of Canada decided that even if a police officer's misconduct record has been expunged, it must still be disclosed in criminal cases. This ensures that defendants can have a fair trial and defend themselves fully.
Claimant Entitled to Partial Payment for Home Design Services
In a dispute over payment for home design and drafting services, the Civil Resolution Tribunal ruled the claimant is entitled to partial payment for services rendered, considering the respondent's agreement to pay for the services and the lack of detailed time records.
Federal Court Strips Claimant’s Judicial Review Application
The Federal Court struck down parts of a claimant's application for judicial review, leaving only allegations related to the honour of the a person. The court determined that decisions by a Minister regarding agreements with the a person are not subject to judicial review if they involve government policy and legislative choices.
Amendment to Certification Order for Employer Name Change
In a recent case, the Canada Industrial Relations Board updated a certification order to reflect a change in the employer's name. This decision was made after the employer applied to amend the order under the Canada Labour Code.
Federal Court Denies Motion for New Evidence in Trademark Appeal
In this trademark case, the Federal Court denied the claimant's request to submit new evidence during an appeal. The court ruled that the proposed evidence failed to meet the necessary criteria set by previous rulings.
Claimant Wins Misrepresentation Case Against Used Car Seller in BC Small Claims
Former Member Lacks Standing to Challenge AGM Minutes Accuracy
Client Must Pay for Legal Services Rendered According to Retainer Agreement
In a family law matter, the Civil Resolution Tribunal ruled that the respondent must pay the claimant for legal services rendered according to their retainer agreement, dismissing allegations of unpreparedness and negligence without expert evidence.
Federal Court of Appeal Denies Opt-Out Request in Class Action
Federal Court Rejects Motion for New Evidence on Appeal
Subcontractor Recovers Payment from Contractor but Not Homeowner
A subcontractor successfully recovered payment for restoration work from the main contractor but failed to prove unjust enrichment against the homeowner. The case highlights the importance of direct contracts in such disputes.
Union Certified as Bargaining Agent for Truck Drivers and Shunters
Federal Court Dismisses Privacy Complaint Against a Financial Institution
The Federal Court dismissed an application under Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA) brought by a claimant against a financial institution regarding its policy on collecting Social Insurance Numbers for joint chequing accounts. The court found that the claimant did not provide enough evidence to prove that the collection of SINs was unnecessary or breached PIPEDA.