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270 out of 654 casebriefs.

Style of causeRatio

1465778 Ontario Inc. v 1122077 Ontario Ltd., [2006] OJ No 4248 (ONCA)

Pro bono counsel can get costs awarded in their favour and have costs awarded against them

Alberta Government Telephones v Canada (Canadian Radio-television and Telecommunications Commission), [1989] 2 SCR 225

To determine whether AGT is inter-provincial, ask whether it engages in regular and continuous service [Winner]

Anglia Television Ltd. v. Reed, [1971] 3 All E.R. 690

Can sue for lost profits (expectation) or expenditure (reliance) but not both. Can recover wasted expenditure when flow from beach.
**Wasted expenditure before the breach can also be recovered when the defendant reasonably contemplated that the breach would result in the loss

Asamera Oil Corporation v. Sea Oil & General Corporation, [1979] 1 SCR 633

In order to seek specific performance as opposed to damages, must have a legitimate and substantial interest (can justify one’s inaction and might recover losses), and onus is on the plaintiff to prove legitimate interest.
**If not legitimate and substantial must claim damages and have duty to mitigate

Ashington Piggeries v Christopher Hill, [1972] Ac 441

For sale by description, it is only a question of whether the goods as described were delivered. Description does not necessarily relate to quality

Buyer need only partially rely on the sellers skill or judgement. The fitness-for-purpose rule is subject to the idiosyncratic exception.
**The Idiosyncratic Exception: If the seller could show that the mink possessed an idiosyncrasy which made the food unsuitable but it would suitable for other animals or birds, then there would be no liability.

Bank of Montreal v Hall, [1990] 1 SCR 121

Dual compliance will be impossible when application of the prov statute can fairly be said to frustrate Parliament legislative purpose

Conflict: can find conflict when provincial legislation frustrates the purpose of the federal legislation, AND/OR when dual compliance cannot be found (Multiple Access)

Banton v Banton, 1998 CanLII 14926 (ON SC)

Ability to manage property is not essential to the validity of marriage

Barlow v Citadel General Assurance Company, 2008 CanLII 3215 (ON SC)

Premiums are no longer available for lawyers who take cases on contingency basis (Walker v Ritchie).
Take into account unnecessary actions by successful party when calculating costs

Beaver v R, [1957] SCR 531

True crimes we need proof of subjective MR.
Mistake of fact is the denial of MR for the defence – it is not a defence it is just not having the requisite MR to make up the offence.

Beckman v Little Salmon/Carmacks First Nation, 2010 SCC 53

Source of the duty to consult is external the treaty – duty to consult informs the ongoing relationship set out in the treaty
**The duty to consult is imposed as a matter of law, irrespective of the parties’ “agreement”

Duty to consult it not excluded by a treaty – this is for established and not established rights

Bell Canada v Quebec, [1988] 1 SCR 749

The rule is that valid provincial laws of general application can apply to a federal work or undertaking, unless the application of these laws would impair the vital or essential elements of these undertakings.

Management is an essential vital part of a fed undertaking– so feds have jurisdiction over labour relations of fed undertakings, so prov labour relations cannot apply bc it would affect/impair fed essential element.
**Once determined something is a fed undertaking – feds control labour relations, this affects management, which is a vital element

Bell v Lever Brothers Ltd [1932] AC 161

When mutual mistake, the mistake must be fundamental and a K is void when:
*Mistake as to subject matter - Before or at the time of contracting if the subject matter of the K is destroyed or doesn’t exist
*Mistake as to quality – only if the subject matter is essential different from what they thought they were contracting for

Beswick v Beswick (1966) 3 W.L.R. 396

The contacting party is entitled by himself, alone, or jointly with the 3rd person, to have the contract performed to its terms, and the court will decree specific performance for it.

General rule can’t get specific performance for just a payment of a sum of money

Black v. Canada (Prime Minister), 54 OR (3d) 215

If Parliament has left a gap in its grant of statutory jurisdiction to the Federal Court, then superior courts have this residual power over fed matters

Bollenback v Continental Casualty Company, 1965 Oregan SC

In calculation of restitution, P is entitled to recover consideration for which no benefit was received.
**When an insurance contract is rescinded the insured is entitle to recover premiums paid less any benefit they may have received while the contract was in force.
You can only elect rescission or damages, not both.