Canada Case Law

Morton v. Cherkaoui

Court

British Columbia Court of Appeal

The chambers judge did not err: on the record he acted within his discretion in refusing further adjournment, properly dismissed the conflict application, and correctly applied s.233(1) BCA—finding the applicant acted in good faith and that the proposed derivative proceeding is in the company's best interests because there is an arguable case with a reasonable prospect of success; therefore leave was correctly granted and the costs order was properly made.

Source excerpt

• Derivative action
• Leave to commence derivative proceeding
• Good faith test
• Best interests of the company
• Adjournment discretion
• Counsel disqualification

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Patel v. Canada (Attorney General)

Court

Federal Court of Appeal

The appropriate standard of review for the CJC executive director's screening decisions is reasonableness; the executive director reasonably concluded the complaints raised issues of judicial decision-making and appellate remedies were available; there was no breach of procedural fairness; the Federal Court was correct to defer and dismiss the applications; appeals dismissed with costs.

Source excerpt

• Standard of review
• Screening decisions
• Recusal
• Cjc ethical principles
• Legitimate expectation

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Leean International Corp. v. CF Energy Corp.

Court

Supreme Court of British Columbia

The court granted derivative leave because the applicant proved it acted in good faith and the claim was in CF Energy's best interests: the underlying contractual claim was viable and substantial; the respondent's evidence of a board decision to litigate in China was too vague to attract full business-judgment deference, and there is a reasonable prospect an Ontario court would extend time to permit service of the 2022 Statement of Claim; accordingly leave under s.232(2) BCA was appropriate while security for costs was deferred and left open for later application.

Source excerpt

• Derivative action
• Leave to proceed
• Good faith
• Best interests of company
• Business judgment rule
• Forum selection clause

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Arkell v. British Columbia

Arkell v. British Columbia (Civil Resolution Tribunal)

Court

British Columbia Court of Appeal

The application to extend time was dismissed because the proposed appeal had no prospect of success: the chambers judge granted the appellant the relief sought (remittal and costs) and the conflict allegations were not properly raised at first instance so remittal affords the appellant the opportunity to raise them; it is not in the interests of justice to permit an appeal that is doomed to fail.

Source excerpt

• Extension of time to appeal
• Reasonable apprehension of bias
• Settlement and dispute resolution
• Costs
• Disclosure
• Procedural fairness

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O’Neil v. O’Neil

Court

Supreme Court of Nova Scotia

No disqualification because there was no solicitor-client relationship or evidence that BWB received confidential information from the Respondent; prior representation of a different sibling does not alone create a reasonable apprehension of bias or a disqualifying conflict; therefore permitting BWB and Mr. Adams to continue does not risk fairness or integrity of the proceeding.

Source excerpt

• Disqualification of counsel
• Conflict of interest
• Estate accounting
• Costs

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Martin Estate v. Dediu

Court

British Columbia Court of Appeal

The Court of Appeal quashed an estate appeal as an abuse of process after the appellant withdrew consent to proceed and the dispute with LIF could not be resolved there.

• Abuse of process
• Withdrawal of consent to appeal
• Settlement/assignment effect on lis
• Immediate disclosure obligation
• Lawyers' indemnity fund involvement
• Costs

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Blueberry River First Nations v. Yahey

Court

Federal Court

The Federal Court disqualified Whitelaw Twining LLP from acting for Blueberry River First Nations after finding a conflict arising from confidential information shared with counsel.

• Disqualification of counsel
• Solicitor-client privilege
• Ethical wall
• Judicial review procedure
• Confidentiality
• Conflict-of-interest

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Forex-Afrique c. Canada (Procureur général)

Court

Federal Court

La Cour fédérale accueille le contrôle judiciaire de Forex-Afrique, juge la décision ministérielle déraisonnable pour absence d’analyse du conflit d’intérêts allégué et renvoie l’affaire pour nouvelle décision.

• Standing
• Adequacy of reasons
• Procurement conflict of interest
• Remedy and remittal
• Judicial-review
• Procurement-conflict-of-interest

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SWS Marketing Inc. v. Zavier

Court

Supreme Court of British Columbia

The court allowed strata fee petitions to proceed, refused to remove the strata’s agent for now, and dismissed a petition challenging use of Bylaw 27(7) under s. 164.

• S.164 strata property act - significantly unfair conduct
• Bylaw enactment and use (bylaw 27(7))
• Removal/disqualification of agent for conflict of interest
• Res judicata and abuse of process (rule 9-5)
• Petition adequacy and pleading requirements
• Unpaid strata fees and collection

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Gross v. Peak Products Manufacturing Inc.

Court

Supreme Court of British Columbia

The court ordered interim removal of two lawyers from a future disqualification application after finding enough risk of conflicted representation and harm to the integrity of the process.

• Disqualification of counsel
• Joint retainer
• Duty of loyalty
• Confidentiality of client information
• Interim removal of counsel
• Case management

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