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Canada Case Law

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Civil procedure 2025 BCSC 2652

Nouhi v. Pourtaghi

The court granted a brief adjournment of an examination in aid of execution, imposed conditions for written requests and sworn responses, and set a January 31, 2026 minimum reset date.

  • Examination in aid of execution
  • Adjournment for medical reasons
  • Medical affidavit evidence
  • Written discovery as substitute for oral examination
  • Implied undertaking
  • Court jurisdiction to set peremptory dates
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Intellectual property 2024 FC 1672

KRBL Limited v. P. K. Overseas (P) Ltd.

The Federal Court dismissed KRBL Limited’s motion for more time to answer a status review and dismissed the trademark action for delay.

  • Trademark infringement
  • Extension of time
  • Dismissal for delay
  • Status review
  • Admissibility of reply evidence
  • Costs
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Civil procedure 2024 BCCA 360

VM Agritech Limited v. Smith

The Court of Appeal upheld territorial competence in a debt claim, but held the defendants had not attorned by filing a jurisdictional response after the 30-day period.

  • Territorial competence
  • Attornment
  • Service ex juris
  • Rule 21-8 (civil rules)
  • Forum conveniens
  • Cjpta s.3 and s.10
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Family law 2024 BCCA 26

J.P. v. K.S.

The Court of Appeal upheld the registrar’s refusal to permit limited transcripts, finding the appeal issues were fact-rich and required the full trial record.

  • Transcript production
  • Registrar discretion in settling appeal records
  • Review of single-justice/chambers decisions
  • Recusal and functus officio
  • Costs orders
  • Extensions of time
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Civil procedure 2022 BCCA 190

British Columbia v. Paladin Labs Inc.

The Court of Appeal granted British Columbia leave to file two factums in consolidated opioid litigation appeals, but treated the order as provisional and cautioned against excessive filings.

  • Page limits for factums
  • Case management and consolidation
  • Stay under companies' creditors arrangement act
  • Pleadings (amendment and strike out)
  • Factum-page-limits
  • Case-management
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Civil procedure 2022 ONCA 4

Prism Resources Inc. v. Detour Gold Corporation

Leave to file the five‑page reply factum was granted because the request was reasonable, unopposed, addressed matters the appellant had no opportunity to address in its main factum due to those issues not being decided below, and a brief reply will assist the panel’s pre‑hearing understanding while avoiding unnecessary costs; the judge also concluded that rules should be amended to permit brief automatic reply factums (five pages) to improve efficiency.

  • Reply factum
  • Leave to file
  • Rules of civil procedure
  • Rule amendment
  • Pre-hearing preparation
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Administrative law 2021 FCA 44

Burlacu v. Canada (Attorney General)

The appeal was allowed because the appropriate remedy was to set aside the Federal Court decision and permit the appellant to serve and file the Application Record electronically, including the Certified Tribunal Record, within 20 days in accordance with the Federal Court Practice Direction Update #7; costs of the appeal were fixed at $300 inclusive.

  • Electronic filing
  • Certified tribunal record
  • Practice direction (covid-19)
  • Costs
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Extradition law 2020 BCSC 43

United States v. Meng

The court denied a media consortium’s request to video record and broadcast the double criminality portion of Wanzhou Meng’s extradition hearing.

  • Double criminality
  • Open court principle
  • Freedom of expression
  • Dagenais-mentuck test
  • Publication bans
  • Fair trial rights
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Civil procedure 2015 BCSC 2132

Bagri v. Bagri

The court held the actions were not fast track litigation under Rule 15-1, so the defendants could proceed with jury trials and the plaintiff’s strike application failed.

  • Fast track litigation (rule 15-1)
  • Jury trial
  • Transitional rules
  • Acquiescence/estoppel
  • Costs
  • Fast-track-litigation
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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.