Do you have a go to specific piece of case law that is your favourite? Know any obscure decisions that are not reported yet everyone should now about it? What about a decision that has gotten you out of a jam a few times?

We’re always looking for case law! Send an email to Mitchell Kent, mitchell@opaonline.ca, with a copy of the decision and brief overview of the decision.

Provincial Offences​

Speed Measuring Device – Manuals

While we have some of the radar manuals. We strongly recommend that you still make the disclosure request for the manual that the radar device that the officer was using, even if we have the manual. The manufacture may had made changes to the manual.

Statues/Regulations

The regulation can be downloaded here.
Quasi-Criminal/Criminal

Reasonable Doubt

Driving Under the Influence
The Defendant was charged with driving under the influence while using a canoe. Canoeing you can be charged as operating a vessel. The landmark case, canoe is a “vessel,” charged with DUI, found guilty while operating a vessel.
The decision can be downloaded here.
Civil

Breach of Contract

Key point:

The graduated obligations arising between commercial contracting parties have been ordered in a three-tiered theoretical framework which is often cited in recent Canadian judgments:


  • "the unconscionability standard"
  • "the good faith standard"; and the
  • "fiduciary standard".

This can be be downloaded here.

Dismissals

The parties agreed to too many adjournments. The Court was not prepared to entertain another adjournment. The Plaintiff was unable to present their arguments on that date. The Court dismissed the action.


The decision can be downloaded here.

Damages to Property

Plaintiff made a claim against the past tenant for damages to the unit. Plaintiff to prove three elements: undue damage, wilful or negligent conduct of the tenant, and wilful or negligent conduct caused the undue damage. Plaintiff was successful damages awarded.


You can read morehere.

Buyer bought home, a period later made a claim of damages inside, failed to prove damages, case dismissed.


The decision can be downloaded here.

This case stem from a claim against movers and awarding damages to the plaintiffs. This action is also covered under the O-Reg 643/05, Carriage of Goods, under the Highway Traffic Act Carriage of goods.


The decision can be downloaded here.

This case stem from a claim against movers and awarding damages to the plaintiffs. This action is also covered under the O-Reg 643/05, Carriage of Goods, under the Highway Traffic Act Carriage of goods.


The decision can be downloaded here.

Municipal Liability

Municipalities cannot generally transfer their rights or obligations in regard to public roadways at will, and cannot get rid of them by estoppel as if they were private rights. Municipalities can only divest themselves of extensive jurisdiction over highways and streets through express authority.


You can read morehere.

A municipality can be liable for defects even if there was two causes of injury.


You can read morehere.

Discusses the limits of municipal liability when it comes to defects in the roads.


The decision can be downloaded here.

Outlines the jurisdiction of highways when it comes to upper-tier municipalities.


You can read more here.

Outlines the concept of access to highways when a property owner has land adjoining property.


You can read more here.

Brief discussion on boundary roads deviations.


You can read more here.

Brief discussion on boundary roads and who has jurisdiction.


You can read more here.

Brief discussion on injuries caused by trees on municipality property.


You can read more here.

Are municipalities liable for failing to keep a highway in repair?


You can read more here.

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