Canada Case Law

R. v. Ali

Court

British Columbia Court of Appeal

The application to vary the prior leave order is dismissed because the original decision appropriately accounted for the record's size and complexity, nothing material has changed, the revised factum remains unfocussed and inefficient, and permitting its length would frustrate the purposes of a factum and hamper the court and the respondent.

Source excerpt

• Factum length and page limits
• Leave to file extended factum
• Reconsideration of court order
• Use of chronology in factum
• Fairness versus efficiency in appellate briefing

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R. v. Haevischer

Court

Supreme Court of British Columbia

The affidavit and attached Chart were rightly denied exhibit status because the Crown conceded the Chart is not admissible for the truth of its contents and the Chart was intended only as an aide for counsel; admitting it as a formal exhibit would serve no logical evidentiary purpose and the court, exercising case management discretion, therefore dismissed the application.

Source excerpt

• Admissibility of evidence
• Exhibits
• Abuse of process
• Closing submissions

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Peloso v. Peloso

Court

British Columbia Court of Appeal

Leave to appeal was required but denied because the chambers judge's scheduling/adjournment decision was a discretionary case management ruling unlikely to be characterized as an appealable order, the proposed appeal lacked prima facie merit, did not determine substantive or procedural rights, and refusing leave best served the interests of justice.

Source excerpt

• Wesa s.151 leave to commence action
• Summary dismissal rule 9-6
• Adjournment and scheduling orders
• Limited appeal orders
• Appealability of procedural rulings

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Templeton Construction Ltd. v. Triumph Eastern Canada Ltd.

Court

Supreme Court of Nova Scotia

The court held the plaintiffs had not satisfied the 'best efforts' standard for several undertaking requests and must conduct OCR searches, identify locations of responsive records, obtain specified non-party files, provide a supplemental damages brief and answers to outstanding undertakings within set timelines; the case management judge may direct disclosure under Rule 15.07 and ordered productions and processes (including privilege redactions) with hard deadlines and prohibition on reliance at trial of documents found after the deadlines without consent or leave of the court.

Source excerpt

• Production of documents
• Undertakings
• Disclosure obligations
• Best efforts search
• Ocr/document search and protocol
• Privilege and redaction

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Masjoody v. Pahlavi

Court

Supreme Court of British Columbia

Application for document production dismissed because the requested TD Bank records were sought only to impeach credibility, which is not a proper basis for disclosure under Rule 7-1.

• Document production
• Relevance
• Credibility and impeachment
• Vexatious litigation
• Civil-procedure
• Document-production

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Baldwin v. 0772835 B.C. Ltd.

Court

Supreme Court of British Columbia

The court granted an unopposed application to amend the notice of civil claim, accepting a revised proposed first further amended pleading for the eight remaining plaintiffs.

• Amendment of pleadings
• Unopposed application
• Discontinuance of party
• Form of pleadings
• Amendment-of-pleadings
• Unopposed-application

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R. v. Haevischer

Court

Supreme Court of British Columbia

The court allowed a narrow new abuse-of-process allegation on witness endangerment, but barred a separate Bassi charge-approval allegation and adjourned the hearing one week.

• Abuse of process
• Stay of proceedings
• Prosecutorial discretion
• Third party records (o'connor)
• Witness safety
• Amendment of pleadings

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DLF Law Practice Incorporated v. McDonald

Court

Supreme Court of Nova Scotia

The contested appointment could not properly be resolved by an Appearance Motion because affidavit evidence and disputed facts required a full hearing; applying Tariff C and the court's discretion, $1,000 was appropriate for the motion, and $250 was appropriate for the Appearance Motions and set off against that sum, resulting in a net payment of $750 payable forthwith and in any event of the cause.

Source excerpt

• Appointment of case management judge
• Appearance motions
• Costs awards
• Tariff of costs

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Avedian v. Enbridge Gas Distribution Inc.

Court

Court of Appeal for Ontario

The stay was dismissed because the moving parties’ leave motion to this court is bound to fail under the general rule that appeals from Divisional Court refusals of leave are not permitted absent a mistaken declination of jurisdiction; the moving parties failed to show a serious issue to be tried, irreparable harm, or that the balance of convenience favoured a stay.

Source excerpt

• Stay pending appeal
• Leave to appeal
• Motions for directions
• Partial summary judgment
• Trial scheduling
• Adjournment

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Ballam Insurance Services Limited v. Fundy Computer Services Ltd.

Court

Supreme Court of Nova Scotia

The court, exercising its discretion, granted a final short extension to April 3, 2023 for Ballam to fulfill outstanding discovery undertakings because, on balance, the interests of justice favored allowing one last opportunity despite prior inordinate delay; dismissal for abuse of process was refused at this time but Fundy may move to dismiss if Ballam fails to comply by the new deadline.

Source excerpt

• Discovery undertakings
• Extension of time
• Dismissal for want of prosecution
• Abuse of process
• Judicial discretion
• Sanctions

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