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The court partly granted leave to amend a civil claim in defamation and vicarious liability, but struck most new causes of action and dismissed the Diocese for lack of capacity.
Certification hearing in a JUUL class action was adjourned so the plaintiffs could amend pleadings, the class definition, and several proposed common issues.
The court enforced Loans #1 and #2 for $214,000, rejected Loan #3 as unenforceable, and found the 2016 share transfer was a fraudulent conveyance.
The court struck a prolix defamation and conspiracy pleading, granted leave to re-amend, and dismissed a security-for-costs application.
The Court dismissed the appeal, upholding the motion judge's refusal to dismiss the proceeding under s.137.1 CJA because 40 Days established grounds to believe the defamation and civil conspiracy claims had substantial merit and no valid defences, there was credible evidence of harm causally linked to the impugned expressions, and the public interest in allowing the proceeding to continue outweighed the comparatively low value of expression that sought to enlist others to disrupt 40 Days' operations; no reviewable error was shown.
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The court struck the claims against the lawyer defendants, finding the amended pleading lacked material facts, was vexatious in part, and warranted special costs.
The court granted summary judgment, finding no genuine issue for trial on alleged predominant purpose conspiracy or unlawful means arising from a Tim Hortons no-hire clause.
Appeal from dismissal of a class proceeding certification application. The Court held the chambers judge properly refused an adjournment under s. 5(6) of the CPA.
The motion judge correctly applied s.137.1: the impugned publications arose from expressions on matters of public interest; his provisional factual findings that some respondents had valid defences and that the public interest in protecting the expressions outweighed the interest in permitting the proceedings to continue were supported by the record and entitled to appellate deference; the unique factual context (including Project Maple Tree and the appellants’ litigation history) justified dismissal of the proceedings on anti‑SLAPP grounds and supported the costs awards. Consequently the Cou…
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British Columbia Supreme Court certified a national class action alleging HDD suspension assembly price-fixing, rejected the jurisdiction challenge, and excluded direct purchasers.
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