Sign in
Canada Source-linked decisions Coverage checked

Canada Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

Courts on this page
6 court collections
Last checked

Canada decisions

Decisions matching the current search

Clear filters
Appeal 2024 BCCA 107

Delane Industry Co. Ltd. v. Tsawwassen Quay Market Corporation

The Court of Appeal ordered funds held in a former solicitor’s trust account to be paid into court as security for costs, relying on its incidental jurisdiction.

  • Security for costs
  • Payment into court
  • Interpleader
  • Withdrawal of counsel
  • Assessment of costs
  • Court of appeal jurisdiction
Read case analysis
Probate 2024 NSSM 4

MacDonald Estate v. Graham

The Small Claims Court lacks jurisdiction to tax a proctor's account under s.90 of the Probate Act because the Probate Act vests taxation authority in the Registrar as an integral step in the probate process; the Legal Profession Act's taxation provision does not displace that specialized statutory scheme and the Judicature/Taxing Masters history does not override probate-specific legislation.

  • Concurrent jurisdiction
  • Taxation of proctor's account
  • Interpretation of the probate act
  • Adjudicator taxation powers
Read case analysis
Civil procedure 2023 BCCA 222

1127551 B.C. Ltd. v. Prior Properties Inc.

The Court of Appeal allowed an appeal from an order adding a petitioner nunc pro tunc after discontinuance, holding MAC had not justified the backdated order.

  • Discontinuance
  • Nunc pro tunc orders
  • Service and notice of motion
  • Inherent jurisdiction
  • Prejudice
  • Nunc-pro-tunc-orders
Read case analysis
Civil procedure 2022 ONCA 750

Ryan v. Hebert

The 2011 Final Order does not bar the respondent's action because it was not an infant settlement approved in accordance with rule 7.08: the respondent was not a party nor represented by a litigation guardian, the settlement was not framed or approved as on behalf of the minor, and the master lacked jurisdiction to approve an infant settlement; therefore strict compliance with rule 7.08 is required to bind persons under disability.

  • Rule 21.01(3) motion to dismiss
  • Rule 7.08 infant settlement approval
  • Jurisdiction of masters
  • Litigation guardian requirements
  • Res judicata / final order effect
Read case analysis
Civil procedure 2021 BCSC 322

Zhao v. Chandi

The court refused special costs against Mr. Chandi, but awarded Mr. Wang his costs of the application and action at Scale B. It also held it could not reallocate earlier costs payable to Mr. Murtaza.

  • Special costs
  • Cost scales (scale b)
  • Functus officio and jurisdiction to fix costs
  • Summary trial and post-judgment applications
  • Special-costs
  • Costs
Read case analysis
Criminal law 2020 BCSC 1750

R. v. Phelps

The court dismissed a Crown application to set aside an accused’s recorded election for judge-alone trial, holding it lacked statutory and inherent jurisdiction to do so.

  • Mode of trial
  • Election to trial
  • Preliminary inquiry
  • Inherent jurisdiction
  • Severance
  • Mode-of-trial
Read case analysis
Bankruptcy and insolvency 2020 NSSC 158

Scotian Distribution Services Limited (re)

The Registrar lacks jurisdiction to grant a s.64.2 administrative charge absent consent of the parties or exigent circumstances authorized by s.192 (such as urgency); accordingly the s.64.2 application is dismissed for want of jurisdiction. The s.50.4(9) extension is granted because the statutory three-part test was satisfied. Even assuming jurisdiction, the Registrar would have declined to grant the $50,000 charge on the facts: Scotian had significant collections, limited operations, and only $7,339 incurred in professional fees to date, so super-priority was not warranted.

  • Extension of time under bia s.50.4(9)
  • Administrative charge/super-priority under bia s.64.2
  • Registrar jurisdiction under bia s.192
  • Priority of secured creditors
  • Consent and urgency in registrar proceedings
Read case analysis
Civil procedure 2020 BCSC 62

Herrera v. Miller

The court refused to transfer a motor vehicle injury action to Provincial Small Claims Court, finding a real possibility damages could exceed $35,000.

  • Transfer to small claims court
  • Jurisdictional monetary limit
  • Assessment of damages
  • Costs orders
  • Small-claims-transfer
  • Civil-procedure
Read case analysis
Civil procedure 2019 BCSC 1991

Dong v. Real Estate Board of Greater Vancouver

The court dismissed an application for security for costs, holding that a master lacked jurisdiction to order security against an individual under the governing statutes and rules.

  • Security for costs
  • Jurisdiction of masters
  • Inherent jurisdiction
  • Statutory interpretation
  • Security-for-costs
  • Jurisdiction
Read case analysis
Administrative law 2019 FC 973

Leahy v. Canada (Justice)

The Federal Court dismissed Mr. Leahy’s application for judicial review, holding it lacked jurisdiction to grant a declaration that he may practice before the Federal Courts.

  • Admission to practice
  • Federal courts act s.11
  • Law society discipline
  • Judicial review
  • Declaratory relief
  • Judicial-review
Read case analysis

About this LexChat collection

Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.