Canada Case Law

Morton v. Cherkaoui

Court

British Columbia Court of Appeal

The respondent is entitled to ordinary costs of the appeal payable by the appellant under s.44 of the Court of Appeal Act; the appellant's inaccurate factual assertions and corrected A.I. errors did not constitute reprehensible conduct on the appeal sufficient to warrant special costs, and trial conduct alone without lower‑court findings is insufficient to justify special costs on appeal.

Source excerpt

• Derivative action
• Leave to commence derivative action
• Costs of appeal
• Special costs
• Misconduct in litigation
• Use of ai in legal submissions

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R. v. Ramsey Morris

Court

British Columbia Court of Appeal

The appeal is dismissed because the trial judge's credibility and reliability findings were supported by the evidentiary record and lawful reasoning: the forensic nurse's observations could be given limited corroborative weight without expert linkage to a specific mechanism, the judge permissibly accounted for trauma in explaining peripheral inconsistencies, and the impugned 'common‑sense' assessments were case‑specific inferences grounded in the record rather than unlawful assumptions; no legal or palpable and overriding error was shown.

Source excerpt

• Sexual assault
• Credibility assessment
• Corroboration
• Common-sense reasoning
• Standard of review
• Publication ban

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Zhang v. The Owners, Strata Plan BCS 4288

Court

British Columbia Court of Appeal

The affidavit purportedly sworn by Xiaofei Sun was not authenticated and appeared fabricated; therefore it was inadmissible as fresh evidence; no reversible error was shown in the chambers judge's discretionary refusal to adjourn or in referring the accounting to the registrar; appellant's misconduct warranted special costs, so the appeal is dismissed and special costs awarded to the respondent.

Source excerpt

• Lien enforcement
• Adjournment
• Fresh evidence admissibility
• Affidavit commissioning
• Special costs
• Registrar accounting

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Strutzenberger v. Strutzenberger

Court

Court of Appeal for Ontario

The Ontario Court of Appeal dismissed Mr. Strutzenberger’s motion for leave to transcribe a prior hearing before Paciocco J.A., finding no basis in the interests of justice.

• Extension of time
• Transcription of court hearing
• Practice direction concerning civil appeals
• Default order
• Spousal support arrears
• Transcription-of-court-hearing

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Crazy Greek Chick Food Limited v. Chakroborty

Court

British Columbia Court of Appeal

Strike the impugned portions of the appellants' factum and refuse the fresh evidence because the maintenance allegation is a new issue not raised below, the existing evidentiary record (and the proffered affidavit) is insufficient to adjudicate that novel issue, and the interests of justice do not permit the Court to decide it for the first time on appeal; consequently the fresh evidence primarily relating to that new issue is inadmissible.

Source excerpt

• Fresh evidence
• Striking factum
• Maintenance (abuse of process)
• Setting aside default judgment
• Indemnifier intervention
• Lawyers indemnity fund

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1255717 Ontario Ltd. v. Glenrio Financing Limited

Court

Court of Appeal for Ontario

The Ontario Court of Appeal dismissed the appeal and a motion to admit fresh evidence, agreeing the action was an abuse of process arising from prior mortgage litigation.

• Abuse of process
• Res judicata
• Fresh evidence on appeal
• Costs
• Abuse-of-process
• Res-judicata

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0998823 B.C. Ltd. v. Douglas R. Johnson, Architect Ltd.

Court

British Columbia Court of Appeal

The Court of Appeal ordered security for costs of $10,000 for the appeal and $5,000 for the underlying proceeding, and stayed the appeal until security is posted.

• Security for costs
• Abuse of process
• Enforcement of settlement agreement
• Stay of proceedings
• Costs assessment
• Security-for-costs

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Bhatti v. Parmar

Court

British Columbia Court of Appeal

The Court of Appeal granted a limited extension of time to file appeal records and transcripts in a family-law appeal, but cut the requested six months down to January 28, 2026.

• Extension of time
• Transcript costs
• Division of family property
• Spousal support
• Child support
• Protection order

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Standerwick v. Standerwick

Court

British Columbia Court of Appeal

Leave to appeal from a family-law adjournment order was dismissed. The Court found the issue fact-specific, likely moot, and not sufficiently meritorious.

• Adjournment orders
• Conditions of adjournment
• Child and spousal support arrears
• Maintenance enforcement payments
• Right to counsel of choice
• Discretionary judicial review

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Cheema v. Mand

Court

British Columbia Court of Appeal

The Court of Appeal granted a stay of execution pending appeal in a property trust and partition dispute, finding an arguable issue, potential irreparable harm, and balance of convenience in the appellant’s favour.

• Partition and sale
• Beneficial interest
• Oral trust
• Undertaking to purchase under s.8(2) ppa
• Stay of execution
• Irreparable harm

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