Canada Case Law

Henry v. A.B.

Court

British Columbia Court of Appeal

Leave to intervene was granted because both BWSS and CDAS demonstrated a public interest in the specific issue of abuse of process as it relates to relitigation of findings from prior criminal proceedings, each has a representative base and a unique, non-duplicative perspective that will assist the court, and neither seeks to expand the scope of the appeal; accordingly, intervention was permitted on limited terms (factum page limits and filing deadlines).

Source excerpt

• Abuse of process
• Relitigation of prior findings
• Intervention
• Sexual assault civil liability
• Identification evidence
• Similar fact evidence

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Furney v. Robins Appleby LLP

Court

Court of Appeal for Ontario

The Court of Appeal for Ontario dismissed an appeal in a legal malpractice action, finding the claim was statute-barred under the Limitations Act, 2002.

• Limitations act 2002
• Statute-barred
• Discoverability/knowledge
• Summary judgment
• Standard of appellate review
• Professional-negligence

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Zhang Estate v. Yin

Court

Supreme Court of British Columbia

The court found Tong Zhang was the true investor in several British Columbia real estate projects and held Hang Yin liable for fraud, trust breaches, and related equitable wrongdoing.

• Civil fraud
• Breach of trust
• Knowing assistance
• Knowing receipt
• Fraudulent conveyance
• Oppression remedy

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Saravanan v. Jayaraj

Court

Supreme Court of British Columbia

The court granted an annulment, finding the marriage was a nullity because religiously grounded psychological incapacity made consummation practically impossible.

• Annulment
• Consummation
• Psychological incapacity
• Religious conviction
• Psychological-incapacity
• Religious-conviction

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Melville v. McLaren

Court

Court of Appeal for Ontario

The Court of Appeal for Ontario dismissed Janet Melville’s appeal from the Divisional Court and ordered the respondent, Shon McLaren, to receive $12,000 inclusive costs.

• Costs
• Dismissal
• Appellate review
• Appeals
• Appellate-review

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Gloger v. Evans

Court

Court of Appeal for Ontario

The Ontario Court of Appeal dismissed an appeal seeking to set aside minutes of settlement in an estate dispute, finding no repudiation and no reviewable error.

• Minutes of settlement
• Probate
• Enforcement of settlement
• Setting aside/rescission
• Costs
• Minutes-of-settlement

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Mohawk Council of Kanesatake v. Sylvestre

Court

Supreme Court of Canada

The Supreme Court held that filing and serving a notice of execution can interrupt extinctive prescription even if the seizure is unsuccessful and no property is seized.

• Prescription
• Extinctive prescription
• Interruption of prescription
• Seizure and execution of judgments
• Notice of execution
• Interpretation of civil code and code of civil procedure

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Lee v. Chang

Court

Court of Appeal for Ontario

The appeal was dismissed because the Court of Appeal found no reversible error: the trial judge reasonably excluded or discounted an unreliable translated transcript, her factual findings that the transfers were payments for homestay and not proven loans or investments meant unjust enrichment was not established, and the claims were statute-barred under the Limitations Act (with any Hyundai loan claim affected by bankruptcy), so there was no basis to disturb the trial decision absent palpable and overriding error.

Source excerpt

• Unjust enrichment
• Constructive trust
• Breach of contract
• Admissibility of translated transcript
• Limitations (discovery and acknowledgement)
• Costs

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Deng v. Han

Court

Court of Appeal for Ontario

The Court allowed the appeal because the trial judge made a palpable and overriding error by treating admissions in the Statement of Defence as sufficient to establish the elements of civil deceit and unjust enrichment without any supporting factual findings; the admitted language did not admit wrongdoing or establish liability, so the respondents failed to meet their burden of proof and the trial judgment was set aside.

Source excerpt

• Civil deceit
• Unjust enrichment
• Admissions
• Procedural fairness
• Burden of proof

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Pineau v. Glacier Media Inc.

Court

British Columbia Court of Appeal

Defamation appeal about special damages for lost employment opportunity and mitigation. The Court upheld the general-damages reduction, increased special damages, and applied s. 11 of the Libel and Slander Act.

• Special damages
• General damages
• Mitigation
• Apology
• Libel and slander act s.11
• Pleadings

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