General & Other
General & Other judgments from Canadian courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.
Claimant's Grievance Over Relocation Directive Rejected
DJ Services Payment Claim Dismissed by Civil Resolution Tribunal
The applicants requested payment for DJ services provided at a festival. However, the claim was dismissed because there was uncertainty about whether the respondent had personally contracted with them or if the corporation was responsible for payment.
Unjust Dismissal Claim Dismissed Due to Collective Agreement Status
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 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.
Federal Court Allows Amendment for Breach of Contract Claims
Claimant Partially Successful in Seeking Deposit and Lost Business Time Recovery
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.
Claimant Partially Successful in Seeking Tutoring Service Refund
Federal Court Awards Costs as Lump Sum Based on Actual Costs Incurred
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.
Contractor Entitled to Payment for Substantially Completed Work, Must Compensate for Damage
Federal Court Strikes Application for Judicial Review Due to Adequate Alternatives
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.