Canada Case Law

AFX Mixing & Pumping Technologies Inc. v. McKinon

Court

Supreme Court of British Columbia

The application to add Mixtec as a defendant is dismissed because the proposed amended pleadings fail to particularize the necessary elements of knowing assistance and knowing receipt and lack specific allegations against Mixtec for any conspiracy; the deficiencies render the claims destined to fail and amendment is refused with liberty to reapply on a revised pleading addressing specificity and necessary elements.

Source excerpt

• Joinder of parties
• Amendment of pleadings
• Knowing assistance
• Knowing receipt
• Breach of fiduciary duty
• Civil conspiracy

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Bowman v. Kimberly-Clark Corporation

Court

Supreme Court of British Columbia

The court awarded Scale B costs to non-party retailers after the plaintiff abandoned a production application for class-member contact information in a class action.

• Rule 7-1(18) production orders
• Cost recovery for non-parties
• Scale b tariff
• Section 37 class proceedings act
• Abandonment of application
• Class-actions

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Young v. Veselic

Court

Supreme Court of British Columbia

Supplementary costs reasons in a wills dispute. Each party was ordered to bear their own costs, and the executor was denied costs from the estate.

• Will validity
• Undue influence
• Variation of will
• Executor indemnity
• Special costs
• Offer to settle

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Siegerist v. Siegerist

Court

Supreme Court of British Columbia

The court ordered limited production from wills-preparation files, finding an implied waiver only as to documents about alleged loans to the Slades, not the claimant’s capacity.

• Waiver of privilege
• Wills exception to privilege
• Relevance of testamentary documents
• Scope of implied waiver
• Production order
• Solicitor-client-privilege

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Farmobile, LLC v. Farmers Edge Inc.

Court

Federal Court

The Federal Court dismissed Farmobile’s appeal from a case management order on cross-examination, holding the questions about earlier redactions were improper and no further cross-examination was required.

• Scope of cross-examination on affidavits
• Document redactions
• Relevance
• Case management adjournments
• Costs
• Cross-examination

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Huang v. Dai

Court

Supreme Court of British Columbia

The court found the defendant in civil contempt for failing to comply with a production order, fined him $5,000, awarded special costs, and adjourned other relief.

• Failure to comply with discovery
• Civil contempt
• Special costs
• Striking pleadings
• Trial adjournment
• Fast track procedure

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Kondori v. Bakhtiar

Court

Supreme Court of British Columbia

Master Muir refused to strike the defendants’ response, but ordered strict document production deadlines, an affidavit of compliance, retained $95,000 in trust, and awarded costs.

• Striking pleadings
• Failure to comply with court orders
• Document production
• Misrepresentation
• Licence agreement
• Costs

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Century Services Inc. v. LeRoy

Court

Supreme Court of British Columbia

The court allowed the defendant to withdraw an admission, amend her defence, and pursue fraudulent misrepresentation allegations. The plaintiff’s strike and summary judgment application was dismissed.

• Fraudulent misrepresentation
• Amendment of pleadings
• Withdrawal of admission
• Summary judgment
• Document production
• Particulars

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Hayward v. Bennett

Court

Supreme Court of British Columbia

In chambers, the court terminated the plaintiff’s indigent status subject to reapplication for necessary steps, required case-management consent for interlocutory applications, and reserved costs.

• Indigent status revocation
• Production of financial documents
• Leave for interlocutory applications
• Costs thrown away
• Mareva injunction (withdrawn)
• Indigent-status

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Lewis v. Frye et al

Court

Supreme Court of British Columbia

Appeal dismissed. The court held a Master could order a plaintiff to sign authorizations for production of in-province third-party records and upheld the disclosure order.

• Master's jurisdiction
• Third‑party records
• Authorizations for production
• Rules of court (rule 26, rule 1(12))
• Halliday mechanics
• Civil-procedure

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