Canada Case Law

Bayliss v. Burnham

Court

Court of Appeal for Ontario

The motions judge properly applied the elevated Rule 30.10 test: GRE's financial records were relevant to a material issue (valuation of the estate's 12.5% share and related testamentary and dependency issues) and disclosure was necessary for fairness; the judge appropriately tailored the order and implemented a Confidentiality Protocol to mitigate prejudice, and the Court of Appeal will not interfere with that discretionary case-management decision.

Source excerpt

• Non-party document production
• Rule 30.10
• Valuation of estate assets
• Confidentiality protocol
• Appellate review of discretionary motions
• Relevance and fairness in disclosure

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Yu v. TNG Packaging Limited

Court

Supreme Court of British Columbia

The court allowed withdrawal of deemed admissions and dismissed motions to strike the pleading and to dismiss for want of prosecution in a consolidated oppression dispute.

• Oppression remedy
• Notice to admit / deemed admissions
• Striking pleadings
• Want of prosecution
• Consolidation
• Notice-to-admit

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LeRoy v. TimberWest Forest Corp.

Court

Supreme Court of British Columbia

The court refused to summarily dismiss Rebecca LeRoy’s claims and found factual issues about a release and alleged fraud. It struck part of Ted LeRoy’s pleaded damages.

• Release enforcement
• Summary judgment
• Summary trial suitability
• Fraud vitiating contract
• Conspiracy to injure
• Derivative vs personal claims

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Li v. Yan

Court

Supreme Court of British Columbia

The court added 0805521 B.C. Ltd. as a plaintiff and Brella Wireless Inc. as a defendant in a share-purchase dispute, finding joinder just and convenient.

• Joinder and amendment of parties
• Addition of defendants
• Resulting and constructive trust
• Unjust enrichment
• Share registration and securities register
• Rescission

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Richards v. Richards

Court

Supreme Court of Nova Scotia

Petitioner entitled to compensatory spousal support due to economic disadvantage from loss of employment; court imputed incomes for support purposes (petitioner $35,000; respondent $80,000 for ongoing years), ordered respondent to pay arrears for prior interim support and reduced ongoing monthly support of $1,500 from April 1, 2014 based on imputed incomes and credibility findings about available company distributions.

Source excerpt

• Entitlement to spousal support
• Compensatory support
• Income imputation
• Interim support
• Division of business assets
• Oppression remedy

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Welder (Re)

Court

Supreme Court of British Columbia

Court reviewed three solicitor accounts under the Legal Profession Act, allowed one in full, reduced one for excessive time and rate, and disallowed one against the company.

• Bill assessment
• Retainer and authority
• Derivative action
• Fiduciary duty
• Disclosure orders
• Special costs

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Holmes v. Byl

Court

Supreme Court of British Columbia

The court interpreted a share-sale agreement, found the defendant personally bound to cause payment despite insolvency, and awarded the plaintiff $162,500 plus interest and costs.

• Contract interpretation
• Breach of covenant
• Personal liability to cause payment by company
• Definition of net proceeds
• Rule 18a summary determination
• Contract-interpretation

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Hadley v. Seacrest Apartments Ltd. et al.

Court

Supreme Court of British Columbia

Appeal from a Small Claims decision was dismissed. The court found no actionable nuisance, upheld the maintenance-rate change, and rejected the fiduciary-duty claims.

• Nuisance
• Breach of contract
• Fiduciary duty
• Special resolution
• Articles of association
• Maintenance assessments

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Rogers and Rogers v. Mahmood et al

Court

Supreme Court of British Columbia

The court found the parties had not proven an unconditional promise to return $40,000 and treated the arrangement as a loose business association requiring an accounting rather than immediate repayment.

• Oral agreement
• Capital contribution vs purchase price
• Accounting and winding up
• Misappropriation/alleged conversion
• Remedies (accounting, rescission)
• Accounting

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S.S.G. v. M.K.G., H.S.S.& G.K.S.

Court

Supreme Court of British Columbia

Interlocutory matrimonial ruling on joinder, pleadings, discovery, and Rule 18A. The court refused to add two companies as parties, allowed a limited trust amendment, and sent credibility issues to trial.

• Matrimonial property
• Constructive trust
• Express trust
• Shareholder remedies
• Oppression remedy
• Discovery

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