BNSF Railway Co. v. Teck Metals Ltd. et al., 2016 BCCA 350
| Jurisdiction | British Columbia |
| Judge | Bauman, C.J.B.C., Newbury and Bennett, JJ.A. |
| Court | Court of Appeal (British Columbia) |
| Subject Matter | TRUSTS,RESTITUTION |
| Citation | 2016 BCCA 350 |
| Date | 15 August 2016 |
-
- This document is available in original version only for vLex customers
View this document and try vLex for 7 days - TRY VLEX
- This document is available in original version only for vLex customers
46 practice notes
-
Bruno v Samson Cree Nation, 2020 ABQB 504
...for a declaration of a constructive trust, in turn relevant to avoiding limitations issues: BNSF Railway Company v Teck Metals Ltd., 2016 BCCA 350; Atlas Cabinets and Furniture Ltd. v National Trust Co. Ltd., 1990 CarswellBC 76, (1990) 45 BCLR (2d) 99 (CA); Scott & Associates Engineerin......
-
Mayer v. Mayer, 2018 BCSC 8
...to a remedial one), recently resuscitated (at least as a valid pleading) by the Court of Appeal in BNSF Railway Co v Teck Metals Ltd, 2016 BCCA 350. A remedial constructive trust, as discussed above, is a judicial remedy constructed by the court and imposed to enforce an equity obligation a......
-
BNSF Railway Company v. Teck Metals Ltd., 2020 BCSC 1133
...which a constructive trust can’t be granted is that a monetary award would be inadequate or inappropriate. In BNSF Railway v. TML Ltd., 2016 BCCA 350, the court said the 6. Contrary to the plaintiff’s submission, all constructive trusts (whether remedial or institutional) require that the p......
-
British Columbia (Securities Commission) v. Pasquill,
...Relying upon Nouhi v. Pourtaghi, 2019 BCSC 794, Peter v. Beblow, [1993] 1 S.C.R. 980 and BNSF Railway Company v. Teck Metals Ltd., 2016 BCCA 350, Vicki Pasquill and Vicker Holdings Ltd. submit that any claim to a constructive trust, whether substantive or remedial, must fail because there i......
Request a trial to view additional results
44 cases
-
Bruno v Samson Cree Nation, 2020 ABQB 504
...for a declaration of a constructive trust, in turn relevant to avoiding limitations issues: BNSF Railway Company v Teck Metals Ltd., 2016 BCCA 350; Atlas Cabinets and Furniture Ltd. v National Trust Co. Ltd., 1990 CarswellBC 76, (1990) 45 BCLR (2d) 99 (CA); Scott & Associates Engineerin......
-
Mayer v. Mayer, 2018 BCSC 8
...to a remedial one), recently resuscitated (at least as a valid pleading) by the Court of Appeal in BNSF Railway Co v Teck Metals Ltd, 2016 BCCA 350. A remedial constructive trust, as discussed above, is a judicial remedy constructed by the court and imposed to enforce an equity obligation a......
-
BNSF Railway Company v. Teck Metals Ltd., 2020 BCSC 1133
...which a constructive trust can’t be granted is that a monetary award would be inadequate or inappropriate. In BNSF Railway v. TML Ltd., 2016 BCCA 350, the court said the 6. Contrary to the plaintiff’s submission, all constructive trusts (whether remedial or institutional) require that the p......
-
British Columbia (Securities Commission) v. Pasquill,
...Relying upon Nouhi v. Pourtaghi, 2019 BCSC 794, Peter v. Beblow, [1993] 1 S.C.R. 980 and BNSF Railway Company v. Teck Metals Ltd., 2016 BCCA 350, Vicki Pasquill and Vicker Holdings Ltd. submit that any claim to a constructive trust, whether substantive or remedial, must fail because there i......
Request a trial to view additional results
2 firm's commentaries
-
Constructive Trusts And Certificates Of Pending Litigation: Latest Update On Pleading Requirements
...CPLs or other charges registered against a property, please contact the writer. Footnotes 1.1 BNSF Railway Company v. Teck Metals Ltd., 2016 BCCA 350 2. Nouhi v. Pourtaghi, 2019 BCSC 794; Beijing Tian Zi Property Group Trading Ltd. v. Jia, 2021 BCSC 423 The content of this article is intend......
-
Constructive Trusts And Certificates Of Pending Litigation: Latest Update On Pleading Requirements
...CPLs or other charges registered against a property, please contact the writer. Footnotes 1.1 BNSF Railway Company v. Teck Metals Ltd., 2016 BCCA 350 2. Nouhi v. Pourtaghi, 2019 BCSC 794; Beijing Tian Zi Property Group Trading Ltd. v. Jia, 2021 BCSC 423 The content of this article is intend......