vLex Canada

Draft Bills

  • An Important Clarification of the Duty of Honest Contractual Performance

    Background - Six years ago, in Bhasin v. Hrynew (“Bhasin”), the Supreme Court of Canada (“SCC”) recognized a contractual duty of honest performance.[1] On December 18, 2020, the SCC released its decision in CM Callow Inc. v. Zollinger (“Callow”), clarifying that duty. (See Article)

    Jan 19, 2021 7:32 AM

  • CCAA Debtor Must Pay Post-Filing Rent for the “Use” of Leased Premises

    Since the beginning of the COVID-19 pandemic, insolvent companies have sought court intervention relating to the payment of rent during lockdown periods. In the most recent decision on this issue, the Quebec Superior Court (Court) ruled that a debtor undergoing a restructuring under the Companies’ Creditors Arrangement Act (Canada) (CCAA) should not be relieved of its obligation to pay post-filing rent, even in circumstances where its ability to use the leased premises is constrained by governmental orders. (See Article)

    Jan 19, 2021 7:32 AM

  • 1151390 Ontario Inc. et al v. Metrolinx - 2021 ONSC 347

    The plaintiffs have sued the defendant, alleging that it negligently misrepresented its intention to acquire the plaintiffs’ property for a future GO Train station. Once pleadings closed, the defendant brought a motion for summary judgment to have the action dismissed. (See Decision)

    Jan 18, 2021 11:07 PM

  • R v. Simonelli - 2021 ONSC 354

    The issue to be decided in this application is the appropriate remedy for a Charter of Rights and Freedoms breach caused by a lengthy delay in holding the Applicants’ special bail hearing (i.e. a bail hearing requiring two hours or more). The delay between the Applicants’ arrests and their bail hearing was 12 days. On behalf of the Crown, Mr. Kingdon fairly concedes that as a result, Section 11(e) of the Charter was breached--the right not to be denied reasonable bail without just cause. He also agrees that the delay in holding the bail hearing was a systemic failure, not an isolated event, although in doing so, Mr. Kingdon did not agree the systemic problem was as long standing as the Applicants contend. (See Decision)

    Jan 18, 2021 11:07 PM

  • Reference re Public Services Sustainability (2015) Act - 2021 NSCA 9

    On August 22, 2017, the Attorney General of Nova Scotia filed a Reference to this Court pursuant to Section 3 of the Constitutional Questions Act, R.S.N.S. 1989, c. 89. On October 13, 2017, it filed an Amended Notice of Reference. The Amended Reference asked this Court to consider the following questions: (See Decision)

    Jan 18, 2021 11:07 PM

  • R. v. Patriquin - 2021 ONSC 359

    This matter is scheduled for sentencing submissions on January 8, 2021. On January 14, 2020, Mr. Patriquin pleaded guilty to robbery, use of an imitation weapon and wearing a mask in the commission of an indictable offence. He was convicted on the basis of an agreed Statement of Facts. As part of its submission, the defence has brought a constitutional challenge to the mandatory minimum sentence applicable in this case pursuant to s. 85(3) of the Criminal Code of Canada. (See Decision)

    Jan 18, 2021 11:07 PM

  • John Howard Society of Canada v. Her Majesty the Queen - 2021 ONSC 380

    The applicant, John Howard Society of Canada (“JHSC”), seeks a declaration that s. 163(3) of the Corrections and Conditional Release Regulations, SOR/92-620 (the “Regulations”) is invalid as it violates the Canadian Charter of Rights and Freedoms s. 7 protected right to life, liberty, and security of the person in a manner that is not in accordance with the principles of fundamental justice and is not demonstrably justified in a free and democratic society under s. 1. (See Decision)

    Jan 18, 2021 11:07 PM

  • Margulis v. E. Manson Investment Limited - 2021 ONSC 377

    This endorsement confirms a case management teleconference held January 15, 2021. (See Decision)

    Jan 18, 2021 11:07 PM

  • Dillman v. Dillman - 2021 ONSC 326

    This is an appeal from the order of the Honourable D.E. Harris (the Motion Judge) dated October 29, 2019 and November 27, 2019 (the Order) which provides that the Appellant, Grant Edward Dillman, pay to the Respondent, Elizabeth Lila Dillman, commencing August 1, 2018 and on the first of each month thereafter, $1,200.00 in spousal support; that any payments made since August 1, 2018 by the Appellant in spousal support are to be deducted from the obligation; that the Appellant maintain life insurance in favour of the Respondent; and that the obligations are to remain in place until the death of either party. (See Decision)

    Jan 18, 2021 11:07 PM

  • Primont Homes (Vaughan) Inc. v. Maplequest (Vaughan) Developments Inc. - 2021 ONSC 102

    This case is currently case managed under the program entitled “Provincial Civil Case Management Pilot – One Judge Model” (the Pilot Program), which was offered to parties under the “Practice Advisory Concerning the Provincial Case Management Pilot – One Judge Program” dated January 3, 2019 (the Practice Advisory). (See Decision)

    Jan 18, 2021 11:07 PM

  • 1777453 Alberta Ltd v Got Mold Disaster Recovery Services Inc - 2021 ABCA 9

    This in an appeal by a franchisee which was denied a remedy for a breach by its franchisor of the Franchises Act, RSA 2000, c F-23. (See Decision)

    Jan 18, 2021 11:07 PM

  • Hutterian Brethren Church of Rosebud v Canadian Western Trust Company - 2021 ABCA 8

    We heard submissions from the appellant Hutterian Brethren Church of Rosebud (the Rosebud Colony). We did not find it necessary to hear oral submissions from the respondent Canadian Western Trust Company (CWT) in addition to their written materials. The panel dismissed the appeal from the bench with reasons to follow. These are the reasons. (See Decision)

    Jan 18, 2021 11:07 PM

  • Allard v. The University of British Columbia - 2021 BCSC 60

    This dispute arises from a generous donation by the petitioners, Peter A. Allard Q.C. and the Allard Prize Foundation, to the respondent, the University of British Columbia (“UBC”), in exchange for certain naming and branding rights in perpetuity (the “Gift Agreement”). (See Decision)

    Jan 18, 2021 11:07 PM

  • R v Pritchard - 2021 ABQB 39

    On January 16, 2019, I convicted Trevor Philip Pritchard of the following offences: (See Decision)

    Jan 18, 2021 11:07 PM

  • Stephen v. Namburi - 2021 ONSC 351

    The Applicant, Mr. Stephen, seeks damages from the Respondents, Radhakrishna Namburi and VRK Forex Investments Inc. (“the Respondents”), totalling $137,772 CAD. Mr. Namburi is the sole director of VRK Forex Investments Inc. (See Decision)

    Jan 18, 2021 11:07 PM

  • Brown Bros. Motor Lease Canada Ltd. v. Workers’ Compensation Appeal Tribunal - 2021 BCSC 53

    This is an application for judicial review of a decision of the Workers’ Compensation Appeal Tribunal (the “WCAT”). The WCAT’s decision (the “Decision”) is indexed as WCAT Decision Number A1603743. (See Decision)

    Jan 18, 2021 11:07 PM

  • R. v. Schramek - 2021 ONSC 7764

    This is a decision as to sentence and reasons for that sentence. (See Decision)

    Jan 18, 2021 11:07 PM

  • Schweitzer v. Li - 2021 BCSC 52

    This is a personal injury claim arising from a motor vehicle accident. (See Decision)

    Jan 18, 2021 11:07 PM

  • R v Dauphinais - 2021 ABQB 29

    This is a decision on a voir dire to determine whether various statements made by a four-year-old child in 2002 are admissible as a principled exception to the hearsay rule in a trial to be held this year. (See Decision)

    Jan 18, 2021 11:07 PM

  • New Generation Woodworking Corp. v. Arviv - 2021 ONSC 320

    On the first day of the videoconference trial hearing, January 13, 2021, Mr. Arviv appeared along with Mr. Skipper and Mr. Wiffen. Mr. Arviv made two motions: a motion asking me to overturn my order of January 7, 2021 refusing an adjournment of the trial hearing; and a motion that I recuse myself on the grounds that Mr. Arviv has a reasonable apprehension of bias concerning me. I heard oral argument over the course of that day and adjourned the trial until January 14, 2021. (See Decision)

    Jan 18, 2021 11:07 PM

  • Wong v. Au - 2021 BCSC 58

    On November 6, 2016 Mr. Wong left work at approximately 11pm, following his shift at his new job as a restaurant manager at Nishiki, a sushi restaurant in Vancouver, and stepped into the cross walk at the intersection at Victoria Drive and 49th Ave. The light was green, and he had the signal for crossing. He had the right of way. He was hit on his left side by a car making a left hand turn. Mr. Wong suffered a number of myofascial and other injuries. The defendants have admitted liability for the accident. In this action Mr. Wong seeks compensation for his injuries sustained as a result of the accident, and the impact those injuries have had on his life. (See Decision)

    Jan 18, 2021 11:07 PM

  • Palani v. Lin - 2021 BCSC 59

    These reasons address the appropriate quantum of damages in a personal injury action. The plaintiff, Ms. Palani, was a passenger in a vehicle involved in an accident on a sunny evening on June 5, 2014 at the intersection of Granville Street and West 6th Avenue, Vancouver, BC (the “accident”). She seeks compensation under the usual heads of damages for chronic pain and psychological injuries. (See Decision)

    Jan 18, 2021 11:07 PM

  • Giustra v. Twitter, Inc. - 2021 BCSC 54

    Giustra v. Twitter, Inc. (See Decision)

    Jan 18, 2021 11:07 PM

  • Zhang v. Chen - 2021 NSSC 3

    This is a motion for summary judgment on evidence. The plaintiffs, Lijiao Zhang (“Zhang”) and Qinglu Liu (“Liu”) are the parents-in-law of the defendant, Dan Chen (“Chen”) who married their son Yi Liu (“Yi”) in 2008 in the People’s Republic of China. All four lived in Beijing and each couple owned their own matrimonial home. All four worked in Beijing in their various workplaces. It was their plan to immigrate to Halifax, Nova Scotia. They intended to sell their homes in Beijing and purchase homes in Halifax that were near to each other. (See Decision)

    Jan 18, 2021 11:07 PM

  • Locke v. Goulding - 2021 NLSC 8

    Mr. Goulding has made application to this Court to terminate his child support obligations respecting his two children, Brihanna and her twin sister, Bethany. Both children are now adults and Mr. Goulding asserts that he should no longer be obliged to provide child support. Mr. Goulding also asserts that if child support is terminated as he requests, he should be absolved of any outstanding arrears and in fact he is due reimbursements for over payment of child support. Both children were born September 30, 1995. (See Decision)

    Jan 18, 2021 11:07 PM

  • Tuffnail v. Meekes - 2021 ONCA 24

    Doherty and Hoy JJ.A. and Marrocco A.C.J. (ad hoc) (See Decision)

    Jan 18, 2021 11:07 PM

  • Six Nations of the Grand River Band of Indians v. The Attorney General of Canada - 2021 ONSC 322

    The 15th Case Management Conference was conducted on January 13, 2021, in accordance with paragraph 4 of the Case Management Endorsement dated December 17, 2020. (See Decision)

    Jan 18, 2021 11:07 PM

  • R v Dauphinais - 2021 ABQB 21

    The police targeted the accused in an undercover operation, often described as a Mr Big operation, between January and March of 2018. The admissibility of statements made by the accused during this operation are the issue in this voir dire. (See Decision)

    Jan 18, 2021 11:07 PM

  • Holguin v. Skiadopoulos - 2021 ONSC 335

    This is a motion by the landlord to dismiss this appeal for delay. (See Decision)

    Jan 18, 2021 11:07 PM

  • Provost v. Dueck Downtown Chevrolet Buick GMC Limited - 2021 BCCA 15

    These Supplementary Reasons address the issue of costs following the successful appeal of Dueck Downtown Chevrolet Buick GMC Limited (“Dueck”) against a finding of liability at trial in three actions concerning motor vehicle collisions: 2020 BCCA 86, leave to appeal ref’d 2020 CanLII 89595 (SCC). In its decision, the Court also dismissed the cross-appeal brought by the Minister of Justice for the Province of British Columbia (the “Minister”) in one of the three actions. The parties were unable to agree on costs and the Court invited further submissions on costs that have now been received. (See Decision)

    Jan 18, 2021 11:07 PM