General & Other
General & Other judgments from Canadian courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.
CRT Rejects Fines and Criminal Conduct Claims in Societies/Cooperatives Case
The CRT dismissed claims regarding fines and criminal conduct, finding lack of jurisdiction and mootness. The CRT also declined to order the payment of legal fees.
Trade Union Certified as Bargaining Agent for Employees at Vancouver International Airport
Federal Court Strikes Out Claim for Lack of Reasonable Cause of Action
In a recent Federal Court decision, the claimant's statement of claim was struck out because it lacked a reasonable cause of action and was deemed scandalous, frivolous, or vexatious. The court ruled that the claim did not meet the necessary legal standards and was therefore inappropriate.
Claimant Wins E-Transfer Dispute Over Unjust Enrichment
In a Civil Resolution Tribunal case, the respondent mistakenly received two e-transfers totaling $3,066 from the claimant. The Tribunal ruled that the respondent must return the funds due to unjust enrichment.
Federal Court Allows Judicial Review of Unfair Licence Transfer Decision
In a recent Federal Court decision, the court allowed an application for judicial review, ruling that a decision to refuse a licence transfer application was procedurally unfair and unreasonable. The court found that the decision-maker had not disclosed the criteria used to evaluate the application and had shown bias towards a preferred applicant.
Federal Court Allows Amendment for Breach of Contract Claims
Federal Court Exempts Third Party Data from Disclosure Under ATIA
A Federal Court ruled that comments in a locomotive's LER data provided by a third party to a government agency are exempt from disclosure under the Access to Information Act, as they are considered confidential and consistently treated as such by the third party.
Claimant Partially Successful in Seeking Tutoring Service Refund
Federal Court Awards Costs as Lump Sum Based on Actual Costs Incurred
Claimant Partially Successful in Seeking Deposit and Lost Business Time Recovery
Employee Entitled to Personal Leave Pay Based on Average Earnings
The Federal Court of Appeal decided that an employee's pay for personal leave must be calculated based on the average of their daily earnings over the previous 20 workdays, not the basic day rate specified in the collective agreement. This decision was made in response to an appeal by an employer who disagreed with the original ruling by the Board.
Claimant's Psychological and Physical Injuries Not Minor - Civil Resolution Tribunal Decision
Claim of Used Car Misrepresentation Dismissed by Civil Resolution Tribunal
Contractor Entitled to Payment for Substantially Completed Work, Must Compensate for Damage
Claimant's Breach of Contract Claim Dismissed by Civil Resolution Tribunal
The claimant argued that the insurer acted unfairly in handling his insurance claim, causing him stress and wasting his time. However, the tribunal found that the claimant did not provide sufficient evidence to support his claims, and dismissed the case.