Canada Case Law

Botten v. Botten

Court

Supreme Court of British Columbia

Because E. became habitually resident in Italy when relocated in July 2025, s.6.3 of the Divorce Act removes this Court's jurisdiction to make the requested parenting and travel orders absent the child's presence in British Columbia and exceptional circumstances, which were not shown; a Separation Agreement cannot preserve jurisdiction contrary to s.6.3.

Source excerpt

• Habitual residence
• Jurisdiction under s.6.3 of the divorce act
• Relocation
• Parenting time
• Enforcement of separation agreements

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Auora v. Climbing Inc. v. Kilter, LLC

Court

Supreme Court of British Columbia

The Agreement was admissible; its forum selection clauses were valid, clear and applicable; British Columbia has territorial competence because the Agreement and the dispute have a real and substantial connection to BC; BC is not forum non conveniens; and Aurora's injunction application failed because although there is a serious issue to be tried, Aurora did not establish irreparable harm and the balance of convenience favoured Kilter.

Source excerpt

• Forum selection clause
• Territorial jurisdiction (cjpta)
• Forum non conveniens
• Settlement agreement admissibility (rule 408)
• Reverse engineering
• Passing off

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Ardakani v. Nourani

Court

Supreme Court of British Columbia

Court found separation occurred December 27, 2016; the 2009 transfer of legal title to the claimant was a contractual security/agreement (not a gratuitous gift) excluded the Ghorbani Property from equal division under s.92; claimant retained sole interest in Ghorbani and is entitled to half of rental income; Delta Property and its rental income are family property to be divided equally with adjustments for personal occupation and taxes; TD Loan was incurred after separation and is respondent's sole responsibility; spousal support varied to $2,450/month from April 24, 2023 with a ten year paym…

Source excerpt

• Division of family property
• Enforceability of marriage agreement (mehrieh)
• Separation date
• Family debt
• Occupational rent
• Browne v dunn rule

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Zeng v. Zuo

Court

Supreme Court of British Columbia

The Chinese Civil Mediation Paper of April 26, 2018 is enforceable in British Columbia: the defendants attorned to the Chinese court by appointing agents who participated and consented, the mediation paper is final and conclusive under Chinese law, and the defendants failed to establish a defence of lack of natural justice (duress) or fraud. Consequently the Chinese judgment debt (RMB 35,350,000 principal and RMB 20,455,141.64 interest calculated to January 1, 2025 with interest accruing at RMB 10,273.97 per day) is recognized and enforceable; the trust funds from the Property sale are to be…

Source excerpt

• Recognition and enforcement of foreign judgments
• Jurisdiction and attornment
• Natural justice/duress as defence to recognition
• Fraud defence to foreign judgments
• Interest calculation on foreign judgments
• Costs and special costs

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Sociedad Concesionaria Metropolitana de Salud S.A. v. Webuild S.p.A.

Court

Court of Appeal for Ontario

The Court of Appeal upheld a stay of Ontario enforcement proceedings against Webuild, holding that liability for the Chilean arbitral award had first to be तयined in Italy.

• Recognition and enforcement of foreign arbitral awards
• Third-party liability for judgment debt
• Forum non conveniens
• Stay of proceedings
• Choice of law (italian law)
• Costs

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Atlas Conglomerate of Ridiculous Proportions LLC. V. NFT Technologies Inc.

Court

Supreme Court of British Columbia

Defendant failed to prove, on the civil standard, that enforcement of the Florida judgment violated Canadian notions of natural justice or public policy; the Florida rule requiring corporate representation by counsel did not deprive NFT of a fair opportunity to defend; accordingly the Florida judgment is recognized and enforceable in BC, interest is to run under the Court Order Interest Act, and costs are awarded at Scale B with full indemnity costs refused.

Source excerpt

• Recognition and enforcement of foreign judgments
• Natural justice
• Public policy
• Corporate self-representation
• Interest and costs

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Aulinger v. Oda

Court

British Columbia Court of Appeal

The Court of Appeal allowed the appeal, holding that a 1995 joint will was two separate wills and that Daniela Siebert’s 2019 will did not revoke Johannes Siebert’s will.

• Joint wills
• Mutual wills
• Revocation of wills
• Interpretation of wills
• Fresh evidence (palmer test)
• Constructive trust

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Hilmer Motorsport GmbH v. Mason

Court

Court of Appeal for Ontario

Ontario Court of Appeal upheld recognition and enforcement of a German default judgment, holding the Munich court had jurisdiction and the arbitration clause did not bar enforcement.

• Recognition and enforcement
• Public policy defence
• Jurisdiction
• Arbitration agreement
• Stay in favour of arbitration
• Default judgment

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Canada Mortgage and Housing Corporation v. Gravelle

Court

Nova Scotia Court of Appeal

The Court upheld the lower court's interpretation of s.7(1): a Canadian judgment registered under the Act is not enforceable in Nova Scotia after the time for enforcement has expired in the originating province, and there was no error of law in staying enforcement; appeal dismissed.

Source excerpt

• Interpretation of s.7(1) of the enforcement of canadian judgments and decrees act
• Enforceability of expired out-of-province judgments
• Registration of out-of-province judgments

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Robson v. Federal Express Canada Corporation

Court

Court of Appeal for Ontario

The Court of Appeal dismissed FedEx’s appeal and upheld class-action certification over disputed brokerage and clearance fees invoiced to consumers.

• Unsolicited services
• Misrepresentation of charges
• Certification common issues
• Class definition scope
• Extra-territorial application of consumer statutes
• Limitation periods

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