Canada Case Law

Murray v. Young

Court

Supreme Court of British Columbia

The application to add Michael Holmes and Pemberton Holmes Ltd. is dismissed because the plaintiff failed to plead or establish an independent relationship with the proposed defendants and a loss distinct from the company's loss; therefore the Foss v. Harbottle derivative action doctrine bars the individual claims and the threshold under R.6-2(7)(c) was not met; additionally the July 31, 2020 release likely encompasses agents and further undermines the claim.

Source excerpt

• Joinder/joinder of parties
• Derivative action/foss v. harbottle
• Fiduciary duties
• Agency
• Release and settlement
• Limitation period

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Al Manai v. Canada (Citizenship and Immigration)

Court

Federal Court

The Federal Court dismissed judicial review of an RPD credibility decision in a refugee claim based on sexual orientation, finding the panel’s concerns and treatment of corroborative evidence were reasonable.

• Credibility assessment
• Sogiesc guidelines
• Evidence authentication
• Corroborative evidence
• Standard of review
• Credibility-assessment

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Pira v. Canada (Attorney General)

Court

Federal Court

The Federal Court quashed a CRA CERB eligibility denial because the reviewer failed to address material bank and tax records explaining when income was earned.

• Reasonableness review
• Procedural fairness
• Eligibility for cerb
• Remittal
• Reasonableness-review
• Cerb

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Barry c. Canada (Citoyenneté et Immigration)

Court

Federal Court

La Cour fédérale rejette le contrôle judiciaire d’un refus de demande CH, jugeant raisonnable l’analyse sur l’identité, l’établissement, l’intérêt supérieur des enfants et la preuve médicale.

• Humanitarian and compassionate grounds (s.25 lipr)
• Standard of review (reasonableness)
• Identity and biometrics
• Best interests of the child
• Weight of medical evidence
• Procedural fairness

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Samson v. Boutilier

Court

Supreme Court of Nova Scotia

Denial of respondent's variation application because the Partition Act does not permit variation of a final order; grant of applicant's enforcement motion to ensure compliance with consent orders regarding sale of the Haliburton property; costs awarded to successful party based on reasonableness of fees, complexity, two-day contested hearing, respondent's obstructive conduct, and application of lump sum approach, resulting in 80% of reasonable fees equating to $20,956.

Source excerpt

• Enforcement of court orders
• Variation of orders
• Costs assessment
• Partition act jurisdiction

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Royal Bank of Canada v. Sacred Heart Seniors Health and Recreation Center Inc.

Court

Court of Appeal for Ontario

The Ontario Court of Appeal dismissed an appeal in a loan default and guarantee case, upholding summary judgment for the bank and awarding costs of $7,500.

• Loan default
• Personal guarantee
• Service of process
• Summary judgment
• Limitation period
• Duty of care

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Johnson v. Canadian Tennis Association Et Al.

Court

Federal Court of Appeal

The assessment officer must implement the Court's judgment by allowing costs only within the single set awarded; the officer cannot impose sanctions or consider appellant impecuniosity post-judgment; items 22(a) and 26 were allowed in full, Items 18 and 19 were limited to one unit and six units respectively across the files, Item 21(a) was disallowed, and specific travel, accommodation and meal disbursements were adjusted to reflect reasonableness under Tariff B and NJC guidance, resulting in a total award of $4,312.72.

Source excerpt

• Assessment of costs
• Tariff b interpretation
• Jurisdiction of assessment officer
• Reasonableness of disbursements
• Impecuniosity

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R. v. S.L.

Court

Court of Appeal for Ontario

Ontario Court of Appeal upheld convictions for human trafficking, threats, assault and drug trafficking, rejecting evidentiary, fairness and Browne v. Dunn arguments.

• Human trafficking
• Prior discreditable conduct evidence
• Browne v. dunn rule
• Jury instructions
• Procedural fairness
• Admissibility of prior bad acts

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Keltic (Prior) Development Limited Partnership v. Van Renesse Investment Company Ltd.

Court

Supreme Court of British Columbia

The court struck multiple portions of the amended response because, assuming the pleaded facts, they disclosed no reasonable defence, were irrelevant or prejudicial: commercial negotiation precluded contra proferentem arguments; indemnity and "as is" clauses did not permit contracting out of the EMA; a purchase agreement with an indemnity clause is not an insurance contract under the Insurance Act; limitation and offset defences were inadequately pleaded. The court refused to extend time to file the proposed counterclaim because the proposed claim was legally weak, materially different in sub…

Source excerpt

• Indemnity clause
• Contaminated site remediation
• Strike pleadings
• Counterclaim extension
• Contra proferentem
• Duty of utmost good faith

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United States v. Sokolovski

Court

Court of Appeal for Ontario

The Court of Appeal for Ontario dismissed a review of an extradition detention order, upheld the flight-risk analysis, and refused fresh evidence of arthritis.

• Judicial interim release
• Flight risk assessment
• Surety reliability
• Admissibility of fresh evidence
• Use of foreign prosecutorial bail letters
• Extradition

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