Canada Case Law

Boucher v. Garnett

Court

Supreme Court of British Columbia

The prior final decision of Lyster J. adjudicated and rejected the factual basis that the parties remained in a marriage-like relationship through 2024, and the issue was necessarily determined in the earlier proceeding; therefore cause and issue estoppel and the broader doctrine of abuse of process bar the present claim. The claim is dismissed with costs and ancillary relief ordered to remove CPLs and release trust funds to Garnett.

Source excerpt

• Want of prosecution
• Certificates of pending litigation (cpl)
• Issue estoppel
• Cause of action estoppel
• Summary dismissal

Read case analysis

Chijindu v. Rathod

Court

Court of Appeal for Ontario

The Court of Appeal dismissed an appeal as frivolous, vexatious, and abusive, finding it was a collateral attack on earlier orders and judgments.

• Rule 2.1
• Frivolous and vexatious proceedings
• Collateral attack
• Res judicata
• Security for costs
• Abuse-of-process

Read case analysis

Repp v. Butler

Court

Supreme Court of British Columbia

The petition was dismissed because the judge found, on the undisputed material, that the petitioner was fully aware of the respondent's position that he held a 50% legal and beneficial interest no later than October 23, 2015 (triggering the Limitation Act), and, independently, that the petition constituted an abuse of process given the petitioner's prior sworn and documentary representations in the Colorado divorce proceedings asserting a 50% interest; the Chisholm letter was admissible because it was not a settlement offer and summary determination was appropriate as the dispositive facts we…

Source excerpt

• Resulting trust
• Constructive trust
• Partition of property
• Limitation act discoverability
• Settlement privilege (without prejudice)
• Summary determination and hybrid procedures

Read case analysis

Sandher Fruit Packers Ltd. v. MacAskill

Court

Supreme Court of British Columbia

The court struck the defendant’s response for repeated non-compliance, abuse of process, and breach of an injunction, and entered default judgment for the plaintiffs.

• Striking pleadings
• Default judgment
• Implied undertaking of confidentiality
• Protection of public participation act (pppa)
• Special costs
• Discovery non-compliance

Read case analysis

Kiss v. Canada (Attorney General)

Court

Supreme Court of British Columbia

The court awarded special costs against Zsolt Kiss in one action, Scale B costs to two defendants in another, and no costs to the Singer defendants.

• Special costs
• Rule 9-5
• Rule 9-6
• Section 18 supreme court act
• Vexatious litigant
• Harassment

Read case analysis

Vacaru v. Legge

Court

Court of Appeal for Ontario

The Court of Appeal for Ontario dismissed Felicia Vacaru’s appeal under r. 2.1.01, holding the pleading disclosed no reasonable cause of action and was an abuse of process.

• Rule 2.1.01 dismissal
• Frivolous and vexatious pleadings
• Res judicata/issue estoppel
• Fresh evidence admissibility
• Striking pleadings
• Solicitor negligence

Read case analysis

Byrd v. Douglas K. Murdoch Revocable Trust

Court

Court of Appeal for Ontario

The Ontario Court of Appeal dismissed panel review motions, upheld security for costs, and allowed 30 days to pay the security or the appeal will be dismissed.

• Panel review under s.7(5) courts of justice act
• Security for costs under r.61.06(1) and r.56.01
• Motion judge deference
• Leave to obtain transcript
• Costs awards
• Dismissal for abuse of process/res judicata

Read case analysis

Kideckel v. Kideckel

Court

Court of Appeal for Ontario

Motion denied. The Court of Appeal refused to extend time to perfect two appeals, finding the proposed appeals lacked merit and consolidation was unnecessary.

• Extension of time
• Consolidation
• Service of process
• Natural justice
• Motions to strike
• Default judgment

Read case analysis

Gill v. Hain Celestial Canada

Court

British Columbia Court of Appeal

The Court of Appeal ordered Harjit Gill to post $15,000 security for costs and stayed the appeal, finding the appeal lacked merit and costs may be hard to recover.

• Security for costs
• Stay pending security
• Striking pleadings under rule 9-5(1)
• Limitation period
• Constructive dismissal
• Recoverability of costs

Read case analysis

Klassen v. Epp

Court

Supreme Court of British Columbia

The court awarded ordinary Scale B costs to the defendant after striking the claim, but refused special costs, personal costs against counsel, and sealed a confidential affidavit.

• Special costs
• Res judicata
• Strike pleadings
• Costs against counsel personally
• Sealing order
• Special-costs

Read case analysis