Canada Judgment

Supreme Court of British Columbia

Kular v. Avcorp Industries Ltd.

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Research organized from the available case record

Source document

01

Holding and result

The court adjourned the application and ordered it set down on the long‑chambers list because the matter could not be done justice within a two‑hour ordinary chambers slot and risked being bumped or inadequately heard; priority on the long‑chambers list was directed given repeated delays.

Court disposition

Application adjourned; matter to be set down on the long‑chambers list with priority.

Orders

  • Application adjourned and ordered to be set down on the long‑chambers list
  • Scheduling directed to give priority so the matter can be heard before scheduled trial dates

02

Material facts

Parties

Harman Kular

Plaintiff Counsel: E. Brandt

Avcorp Industries Inc. dba Latecoere Aerostructures Canada

Defendant Counsel: J. Wong

Amounts and remedies

  • Amount in Issue: CAD 265,000

03

Procedural history

  1. Posture

    Wrongful Dismissal Summary Trial Application / Chambers Application to Determine Hearing Length and Scheduling (setting Down)

04

Questions and positions

Legal issues

Party arguments

Applicant
Plaintiff sought to have the summary trial heard in ordinary civil chambers on a two‑hour basis today.
Respondent
Defendant argued the matter cannot be heard in under two hours, that it should be set down for long chambers, and that experienced counsel consider the matter too complex for a two‑hour ordinary chambers hearing; adjournment may open other claims for the plaintiff.

05

Court’s reasoning

  1. 01

    Oral reasons of the Honourable Justice Morley, Supreme Court of British Columbia (2025 BCSC 2582)

    Courts must ensure adequate time to do justice when allocating hearing lists and may adjourn matters if ordinary chambers time is insufficient.

  2. 02

    Oral reasons of the Honourable Justice Morley, Supreme Court of British Columbia (2025 BCSC 2582)

    Court scheduling is a matter of judicial discretion informed by institutional capability and counsel representations on complexity.

06

Ratio, limits and disposition

Ratio decidendi

The court adjourned the application and ordered it set down on the long‑chambers list because the matter could not be done justice within a two‑hour ordinary chambers slot and risked being bumped or inadequately heard; priority on the long‑chambers list was directed given repeated delays.

Obiter and limits

  • The court acknowledged institutional responsibility for dysfunctional long‑chambers scheduling and expressed hope for a new system in 2026.
  • If the matter were forced into ordinary chambers it would likely be bumped and not receive enough time for a judge to do it justice.
  • Experienced counsel's view that the matter cannot be completed in under two hours reinforced the decision.

Court disposition

Application adjourned; matter to be set down on the long‑chambers list with priority.

  • Application adjourned and ordered to be set down on the long‑chambers list
  • Scheduling directed to give priority so the matter can be heard before scheduled trial dates

Source and reliance status

Supreme Court of British Columbia · 17 December 2025

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Judgment reading view

Judgment text

The complete available source text.

Source document

Supreme Court of British Columbia

Judgment· 17 December 2025

2025 BCSC 2582

2025 BCSC 2582 Kular v. Avcorp Industries Inc.

IN THE SUPREME COURT OF BRITISH COLUMBIA Citation: Kular v. Avcorp Industries Inc., 2025 BCSC 2582 Date: 20251217 Docket: S251055 Registry: Vancouver Between: Harman Kular Plaintiff And: Avcorp Industries Inc. dba Latecoere Aerostructures Canada Defendant Before: The Honourable Justice Morley Oral Reasons for Judgment (In Chambers) Counsel for the Plaintiff: E. Brandt Counsel for the Defendant: J. Wong Place and Date of Trial/Hearing: Vancouver, B.C. December 17, 2025 Place and Date of Judgment: Vancouver, B.C. December 17, 2025 [1] THE COURT: I am going to give brief oral reasons. [2] The issue before me is whether this summary trial for $265,000 on a wrongful dismissal matter should be heard in general chambers in under two hours, as the plaintiff urges, or if it must be set down for long chambers as the defendant says is necessary. [3] This is an unfortunate situation. The court institutionally has to take some responsibility for the fact that there has been a dysfunctional system for getting long‑chambers dates, because if that system were working, there would not be much doubt that both parties would be better off setting it down for long chambers. [4] We are going to have a new system in terms of just booking the dates in 2026, and I am hopeful, and I think I express this hope on behalf of the court as a whole, that this will work better. [5] Recognizing this

institutional responsibility, I still think I need to say "no" to the plaintiff seeking to have this heard today on the ordinary chambers list. If I were to just say "yes", that this can go ahead on a two‑hour basis in the ordinary civil chambers, I do not think that would work. The matter would just keep getting bumped and, if it is heard, there will not be enough time for a judge to do it justice. [6] The very fact that the defendant is willing to take that position, even though if I do adjourn this and say it has to go down on the long chambers list, that would open up other avenues for the plaintiff, including punitive damages and maybe other claims, confirms me in thinking that experienced counsel are looking at this and saying this is not going to be something that can be heard in under two hours. That is consistent with my experience as well. [7] So I am going to order that this be adjourned with the direction that it be set down on the long-chambers list. [8] You can indicate to Scheduling that I recognize that this has been put off and off, and so I am going to ask that there be some priority to it on the long‑chambers list, especially so that it can be heard before the scheduled trial dates. "J. G. Morley, J." The Honourable Justice Morley

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