Canada Case Law

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

Read case analysis

0998823 B.C. Ltd. v. Douglas R. Johnson, Architect Ltd.

Court

British Columbia Court of Appeal

The Court of Appeal ordered security for costs of $10,000 for the appeal and $5,000 for the underlying proceeding, and stayed the appeal until security is posted.

• Security for costs
• Abuse of process
• Enforcement of settlement agreement
• Stay of proceedings
• Costs assessment
• Security-for-costs

Read case analysis

Unilin Beheer B.V. v. 6035558 Canada Inc.

Court

Federal Court

The Federal Court dismissed defendants’ motion to set aside a discovery schedule and stay steps pending a security for costs motion, awarding the plaintiffs $6,000 costs.

• Case management
• Security for costs
• Stay
• Discovery
• Motions
• Abuse of process

Read case analysis

Ma v. Wu

Court

British Columbia Court of Appeal

The Court of Appeal dismissed an appeal as abandoned after the appellants failed to comply with a security for costs order and offered no realistic plan to pay.

• Security for costs
• Dismissal for abandonment
• Prejudice to respondent
• Merits of appeal
• Interests of justice
• Variation of court orders

Read case analysis

Lungu v. Cabrita

Court

British Columbia Court of Appeal

The Court of Appeal ordered reduced security for costs of $1,000 within 60 days, stayed the appeal, and allowed dismissal if security is not posted.

• Security for costs
• Fresh evidence
• Summary trial
• Informed consent
• Standard of care
• Expert evidence

Read case analysis

Rathod v. Chijindu

Court

Court of Appeal for Ontario

Where a costs order of this court is outstanding and payable under Rule 57.03(1) (a silent order is payable within 30 days), a single judge may not dismiss the appeal but may order the responding parties to comply with the outstanding costs orders by a fixed deadline prior to the hearing; failure to comply permits moving parties to seek dismissal by a panel. The court therefore ordered payment by August 28, 2024 and set the appeal for hearing on September 24, 2024.

Source excerpt

• Enforcement of costs orders
• Security for costs
• Dismissal of appeal for non-payment
• Rules of civil procedure
• Power of sale proceeds

Read case analysis

Gu v. Huang

Court

Court of Appeal for Ontario

The trial judge correctly found no breach of contract or negligence by the solicitor because the delays and order of motions were driven by judicial directions and other parties, the solicitor achieved successful results on core motions, appellants presented no expert evidence to establish a departure from the standard of care, and appellants did not demonstrate compensable damages; the Court of Appeal found no palpable and overriding error and dismissed the appeal, awarding costs of the appeal to respondents on a partial indemnity basis in the agreed amount of $20,000.

Source excerpt

• Negligence by solicitor
• Breach of contract (retainer)
• Breach of fiduciary duty
• Security for costs
• Mareva injunction
• Costs awards

Read case analysis

Zhao v. Liao

Court

Supreme Court of British Columbia

The court refused to strike the pleadings but granted summary judgment for the defendant, finding the plaintiffs had mutually terminated the agreement by reclaiming the deposit.

• Summary judgment
• Striking pleadings
• Security for costs
• Vexatious litigant order
• Mutual termination
• Repudiation

Read case analysis

Five Pharmaceuticals Labs Ltd. v. Apex Labs Ltd.

Court

Supreme Court of British Columbia

The court ordered Five Pharmaceuticals Labs Ltd. to post $20,000 security for costs, stayed the claims pending payment, and allowed later renewal for additional security.

• Security for costs
• Stay of proceedings
• Leave to reapply for security
• Costs in the cause
• Security-for-costs
• Stay-of-proceedings

Read case analysis

Murphy v. Ibrahim

Court

Nova Scotia Court of Appeal

The court found Ms. Murphy raised an arguable appeal and, applying the modified Fulton test, concluded the child’s interests required partial intervention of the status quo: the limitation on supervised visits, and the requirement that a psychological assessment be a precondition to seeking variation, and the Costs Order were stayed pending appeal because prolonged delay and impecuniosity impeded mother‑child contact; however, the court refused to order security for costs because special circumstances did not justify denying a good‑faith impecunious appellant the right to appeal. Costs were n…

Source excerpt

• Stay of orders pending appeal
• Security for costs
• Supervised access
• Psychological assessment with parental component
• Variation of court orders
• Imputed income

Read case analysis