General & Other
General & Other judgments from Canadian courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.
Contractor Fails to Complete Deck on Time, Ordered Partial Refund
SCC Allows Civil Claim Against CEO for Improper Use of Public Powers
Trade Union Certified as Bargaining Agent for Specific Employee Unit
Federal Court Dismisses PIPEDA Breach Claim Against Lender
In a recent Federal Court case, a borrower claimed that a lender violated the Personal Information Protection and Electronic Documents Act (PIPEDA) by conducting unauthorized credit inquiries. The court dismissed the claim, finding insufficient evidence of harm to the borrower.
Federal Court Rejects Motion for New Evidence in Trademark Case
Federal Court Dismisses Privacy Complaint Against an Online Retailer
In this case, the Federal Court dismissed the claimant's privacy complaint against an online retailer, ruling that there was not enough evidence to prove a violation of PIPEDA. The decision highlights the importance of clear consent and record-keeping in credit inquiries.
Federal Court Rejects Challenge to Rank-Based Restrictions in Employment Opportunities
Federal Court Orders Trademark Expungement Due to Bad Faith
In this case, the Federal Court ordered the expungement of a trademark registration due to bad faith and lack of distinctiveness. The respondent had knowledge of the claimant's prior use of the mark but still registered a similar trademark, causing harm to the claimant’s business.
Federal Court Invalidates Trademark Registration Due to Lack of Distinctiveness and Bad Faith
In a recent Federal Court decision, a trademark registration was invalidated due to lack of distinctiveness, abandonment, and bad faith. The court found that the trademark did not meet the criteria for validity under the Trademarks Act.
Claimant Must Prove Necessity of Environmental Protection Order
Federal Court Rejects Leave to File New Trademark Evidence
The Federal Court rejected an attempt by a company to introduce new evidence in a trademark dispute. The court found that the proposed evidence was unreliable and did not support the company's case.
Small Claims Case Dismissed Due to Lack of Proof
In a recent Civil Resolution Tribunal case, the claimant tried to get money for two missing walkie-talkies from the respondent. However, the claim was dismissed because the claimant did not provide enough proof that the walkie-talkies were indeed lost.
Federal Court Rejects Judicial Review Application for Insufficient Evidence
Claimant Wins Deposit Refund in Used Car Sale Dispute
In a recent small claims case, the Civil Resolution Tribunal ruled that the seller must refund the buyer's deposit of $2,500 because the deposit was not non-refundable and the seller had agreed to return it.
BC CRT Rules Against Contractor's Payment Claim in Small Claims Case
Equal Responsibility Found in Motor Vehicle Accident Case
Claimant Fails to Prove Less Responsibility for Accident
Insurer's Investigation Found Unreasonable in Assigning Accident Responsibility
Federal Court Rejects Police Officer’s Judicial Review of Internal Decision
A police officer's attempt to challenge an internal decision about a job opportunity through judicial review was unsuccessful. The Federal Court ruled that the officer did not provide enough evidence to show that the administrative decision was unreasonable.