Canada Case Law

Imani v. Royal Canadian Mounted Police

Court

Supreme Court of British Columbia

The NOCC fails to plead essential material facts and legal elements for the asserted causes of action, rests on speculative future harm rather than present injury, and the record (including the transcript and reports) does not substantiate the alleged falsehoods; alternative administrative remedies exist; therefore the claim discloses no reasonable cause of action and cannot succeed and must be struck under Rule 9-5(1)(a) and (b) without leave to amend.

Source excerpt

• Negligence
• Misfeasance in public office
• Defamation
• Charter s.7
• Charter s.15
• Pleadings and rule 9-5 striking

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Taylor v. Alberta

Court

Federal Court

Federal Court struck Michael Taylor’s 69-page statement of claim without leave to amend, finding no reasonable cause of action and no Federal Court jurisdiction.

• Motion to strike
• Jurisdiction
• Leave to amend
• Charter infringement
• Conspiracy
• Damages

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Izz v. Canada (the Attorney General)

Court

Federal Court

The Federal Court dismissed Bahaa M. Izz’s motion to compel an affidavit and exhibits, held Rule 307 imposes no filing obligation, and awarded $1500 costs.

• Charter remedies
• Judicial review
• Federal courts rules (procedure)
• Case management
• Access to information and privacy
• Federal-courts-rules

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Sebastian et al v Golden Capital Securities Limited et al

Court

Supreme Court of British Columbia

The court dismissed a defendants’ application for security for costs, finding the plaintiffs’ claims were not shown to be almost certain to fail on the pleadings.

• Security for costs
• Illegal contract / market manipulation
• Breach of fiduciary duty
• Market-making vs manipulation
• Inherent jurisdiction
• Security-for-costs

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Graci v. Fletcher

Court

Court of Appeal for Ontario

The trial judge's findings of liability were supported by the evidence and justified; the absence of express credibility findings on unpleaded provocation did not amount to reversible error; the damages award stood and the appeal was dismissed.

Source excerpt

• Assault
• Damages
• Provocation
• Credibility
• Probation
• Appeal

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