General & Other
General & Other judgments from Canadian courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.
Federal Court Rejects Motion to Strike Class Action over Recyclable Bag Claims
The Federal Court rejected a motion to strike a class action claim. The claimant alleged that the defendant falsely claimed its green shopping bags were recyclable, when they were not. The court ruled that the defendant's arguments did not meet the criteria for res judicata or abuse of process.
Claimant's Breach of Contract Claims Dismissed in Leasehold Property Sale
Contractor's Claim Dismissed Due to Substandard Work in BC Small Claims
Claimant Wins Loan Default Case in BC Small Claims - Civil Resolution Tribunal Decision
Respondent Ordered to Pay Legal Fees in Small Claims Case
Claimant Wins Personal Loan and Travel Expense Recovery
In a recent case, the claimant successfully recovered funds for personal loans and travel expenses incurred on their behalf. The Civil Resolution Tribunal ordered the respondent to pay a total of $5,420.10, including the principal amount and interest.
Insurance Coverage Granted for Vandalism Damage to Truck's DEF Tank
Claimant's Vehicle Damage and Loss of Use Claims Dismissed by Civil Resolution Tribunal
Retailer Not Liable for Defective Roofing Shingles: Small Claims Decision
Former Employee Recovers Overcharged Fees and Deposit
Employer Ordered to Correct Inaccurate Job Descriptions for Officer Trainees
The Federal Public Sector Labour Relations and Employment Board ruled that the employer must update the job descriptions for officer trainees because they were found to be incomplete and inaccurate, violating the collective agreement.
Pharmacy Not Liable for Dispensing Interchangeable Drug Without Manufacturer Specification
Federal Court Grants Permanent Injunction Against Unauthorized Stream-Ripping Platforms
In this case, the Federal Court granted a permanent injunction against operators of stream-ripping services that allow a person to download copyrighted content without authorization from the original rights holders. This decision protects copyright owners by preventing unauthorized distribution of their work through these platforms.
Claimant Wins Laptop Misrepresentation Case at Civil Resolution Tribunal
Bird Seed Bell Liability: Retailer Not Liable for Dog's Illness
Claimant Wins Payment for Carpentry Services
The claimant requested payment for carpentry services and compensation for missing tools, while the respondent argued the claimant caused significant damage. The tribunal ruled in favour of the claimant, finding them an independent contractor entitled to payment for services, and dismissed the respondent's counterclaim for damages.
Bookkeeper Wins Claim for Unpaid Services in Small Claims Court
Service Provider Entitled to Quantum Meruit Damages for Chemical Peel Treatments
Former Partner Successfully Recovers Unauthorized Mobile Phone Charges
Claimant Loses Insurance Premium Increase Dispute Over Accident Responsibility
In a recent Civil Resolution Tribunal case, the claimant tried to get compensation from the insurer after being involved in a motor vehicle accident. The insurer determined the claimant was fully responsible for the accident. The tribunal ruled against the claimant, stating the insurer's determination was accurate.