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Decisions matching the current search
The court upheld a 2021 settlement, found it not unconscionable or obtained by duress, dismissed most claims, allowed a discrete assault claim, and rejected a vexatious-litigant order.
The court refused further cross-examination and an exhibit request in a PPPA application, but admitted only limited paragraphs of a later affidavit on terms of service.
The Court will not reopen its own decision and order once issued except in extraordinary, compelling and exceptional circumstances where justice manifestly requires; the respondents failed to establish such circumstances and reconsideration based on subsequent higher court decisions is inappropriate—appeal to the Supreme Court of Canada is the correct avenue.
Source excerpt
The court held that the Jericho settlement release bound the plaintiff and rejected non est factum, dismissing his action against the Province.
On security for costs motions, the court dismissed the Behn defendants’ and Fort Nelson First Nation’s applications, but ordered Moulton to post $20,000 security to the Province.
The court held it had jurisdiction over UCGIA regarding ministerial credentials, but stayed the action against it without prejudice, leaving the main claim against UCG-Canada to proceed first.
The court settled post-judgment issues: it added pre-judgment interest, denied moving expenses, and refused to order defendants to pay hearing fees.
The Court of Appeal dismissed a review of a chambers order refusing to strike claims about the Forest Amendment Act, 1995, holding the issues required factual development.
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