Canada Case Law

Kolias v. Barnes-Morrison

Court

British Columbia Court of Appeal

The Court granted the adjournment and extension because proceeding without the respondent's factum was not in the interests of justice given a bona fide explanation for delay and the unilateral setting of the hearing; it reinstated the jurisdictional appeal because it raised arguable issues and overlapped materially with the other appeal, and ordered the appeals heard together with scheduled filing deadlines and a one-day hearing on June 26, 2026.

Source excerpt

• Adjournment
• Extension of time
• Reinstatement of appeal
• Jurisdiction
• Costs
• Case management

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Kainth v. Kainth

Court

Supreme Court of British Columbia

The claimant was substantially successful on the key issues of greatest importance (support, material financial adjustments including discharge of the Deer Lake Mortgage risk, real estate outcomes and personal property) such that costs follow the event; the complexity and concealment warranted ordering costs on a more-than-ordinary-difficulty scale; limited special costs are justified for the primary respondent's dishonest conduct and late withdrawal regarding the Deer Lake Mortgage (awarded as three days preparation and three days trial) but not for other alleged misconduct; secondary respon…

Source excerpt

• Substantial success
• Scale of costs
• Special costs
• Disclosure
• Offer to settle consequences
• Set-off

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Gesner v. Buitrago

Court

Supreme Court of British Columbia

The court struck the plaintiff’s claim for persistent non-compliance with discovery obligations and abusive litigation conduct, and restricted future filings without leave.

• Striking pleadings
• Examination for discovery
• Abuse of process
• Sealing/privacy orders
• Court sanctions
• Strike-pleadings

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Dell v. Zeifman Partners Inc.

Court

Court of Appeal for Ontario

The Ontario Court of Appeal upheld the striking of a contempt motion against non-parties and dismissed the appeal, while granting leave on costs but rejecting the costs appeal.

• Contempt
• Motion to strike
• Indemnity costs
• Normal farm practices protection board
• In personam orders
• Costs

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Sandher Fruit Packers Ltd. v. MacAskill

Court

Supreme Court of British Columbia

The court struck the defendant’s response for repeated non-compliance, abuse of process, and breach of an injunction, and entered default judgment for the plaintiffs.

• Striking pleadings
• Default judgment
• Implied undertaking of confidentiality
• Protection of public participation act (pppa)
• Special costs
• Discovery non-compliance

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Bezanson v. Dormiedy

Court

Supreme Court of Nova Scotia

2025 NSSC 336

Source excerpt

• Denial of parenting time
• Civil contempt
• Purging of contempt
• Intermittent custodial sentence
• Parenting and support act s.40 and s.41

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Di Nardo v. Nagy

Court

Court of Appeal for Ontario

The judge granted a limited stay under s.134(2) of the Courts of Justice Act because the RJR‑MacDonald criteria were met and, absent a stay, the April 18, 2023 contempt order and warrant of committal could render part of the appellant's pending appeal moot; however the stay was granted only until the disposition of the appellant's November 19, 2025 motion in the Superior Court because the single judge would not preempt that court's determination and lacked jurisdiction to void the warrant outright.

Source excerpt

• Stay pending appeal
• Warrant of committal
• Passing of accounts
• Contempt
• Security for costs

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Peoples Trust Company v. PSP Services Inc.

Court

Court of Appeal for Ontario

Applying the Horeca factors in context of an uncontested contempt finding, the court concluded that requiring payment of the audited-invoice amount into court preserves PTC's recovery without prejudicing PSP, the merits of PSP's appeal on penalty are weak, and therefore the automatic stay of the payment term should be partially lifted to require payment into court by a fixed date.

Source excerpt

• Contempt of court
• Automatic stay
• Stay lift
• Penalty order
• Receivership
• Audit enforcement

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Bogdanic v. Hanna

Court

Supreme Court of British Columbia

The court granted a divorce, denied the respondent parenting time, fixed support arrears, vested remaining assets in the claimant, and awarded special costs.

• Sole decision-making and guardianship
• Parenting time and no-contact orders
• Imputation of income and support arrears
• Section 7 expenses allocation
• Asset dissipation and unequal division
• Failure of disclosure and contempt

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York (Regional Municipality) v. Di Blasi

Court

Court of Appeal for Ontario

The trial judge's factual findings that the appellant constructed a berm in breach of municipal bylaws, failed to comply with clear removal orders, and thereby committed contempt were supported by the record and entitled to appellate deference; accordingly the appeal is dismissed and the remedies and costs awarded below are upheld.

Source excerpt

• Municipal bylaw enforcement
• Private nuisance
• Contempt of court
• Remediation and entry onto land
• Costs
• Wetlands protection

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