Legal Insight
Current news, cases, and ideas affecting law and practice.

Employer dismissed employee without appropriate consideration and investigation; Employer did not show conduct incompatible with employee's duties which went to root of contract

The Supreme Court allowed the appeal in Callidus Capital Corporation v. Her Majesty the Queen, 2018 SCC 47, on November 8, 2018.

In the deceased's will, he only left his wife a life estate in his share of a condominium. The deceased's children were made his attorneys through a power of attorney. The children were beneficiaries, and one of them was executor. The wife, through her daughter as litigation guardian (applicant), brought an unsuccessful application for an accounting and equalization under Pt. IV of Family Property Act. An appeal was filed and dismissed. The court held that the applicant was not entitled as of a right to an accounting before a master. The applicant was entitled to an accounting, which occurred before applications judge.

... what is referred to as “bootstrapping.” This is the situation where a party seeks to supplement what would otherwise be considered deficient evidence with allegedly “new” evidence and arguments on appeal.

This excerpt from the updated Family Law — Property title examines Canadian law with regards to unjust enrichment and the presumptions of advancement and resulting trust

If bankrupt could challenge validity of entire bankruptcy proceedings at this late stage, it would amount to collateral attack on validity of initial bankruptcy order, which was properly made and upheld upon appeal — This would be contrary to concept of finality ensconced in doctrines of res judicata and abuse of process.

The General Data Protection Regulation (GDPR) is an EU regulation governing the protection of personal data of EU residents. So why does this EU legislation matter to Canadian businesses and organizations?

Clubine v. Paniagua [2018 CarswellBC 1798 (B.C. S.C.)] examines the effect of “After The Event Insurance”, or “Adverse Costs Insurance” on costs awards in British Columbia. ATE insurance is coverage purchased for the specific purpose of indemnifying the insured against expenses related to litigation itself. Often the policies are purchased after the event that is the subject of the litigation (such as an automobile accident) has occurred.

As with any trust, a valid will must satisfy the “three certainties”: certainty of intent to create the trust, certainty as to the subject-matter or property committed to the trust and certainty as to the objects of the trust or the purposes to which the property is to be applied.

Employee filed complaint under Employment Standards Code for vacation pay and holiday pay; employer contended that "vacation pay" in agreement also included holiday pay; umpire found this inconsistent with employer's obligations to keep records and provide written statement separating out vacation and holiday pay under Code

A bank was liable to the CRA where money was owed under the Excise Tax Act by a client of the bank. The bank had given the client a loan secured by real property; the client then sold the property and repaid the loan. Under the ETA, both the property and the proceeds of the property were held in a deemed trust for the Crown; the Court ruled that the ETA prevented the bank from relying on the defence of bona fide purchaser for value: 2018 FC 538

This excerpt from the updated Drainage (Western) title examines Canadian law with regards to British Columbia's Water Sustainability Act