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Canada Case Law

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Civil procedure 2019 BCSC 1067

Manning v. Dhalla

On a post-trial motion, the court granted a mistrial after new documents suggested undisclosed commissions and a possible fraud on the court.

  • Mistrial
  • Implied undertaking
  • Fresh evidence
  • Discovery obligations
  • Miscarriage of justice
  • Credibility
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Family law 2013 BCSC 116

Janis v. Janis

The court refused to order an updated joint business valuation, allowed a limited rebuttal expert report, permitted an expert on Guideline income, and ordered limited financial disclosure.

  • Joint expert evidence
  • Expert report update
  • Guideline income
  • Responsive/rebuttal expert reports
  • Discovery and disclosure
  • Trial scheduling and adjournment
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Civil procedure 2012 BCSC 493

Noland v. Organo Gold Enterprises Inc.

Court refused Mareva and preservation relief, but ordered extensive document disclosure in a dispute over an alleged unwritten partnership and profit sharing.

  • Mareva injunction
  • Preservation order (rule 10-1)
  • Prima facie case
  • Irreparable harm
  • Balance of convenience
  • Disclosure obligations (rule 7-1)
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Family law 2008 BCSC 1651

Drummond v. Drummond

The court declined to change custody to sole custody, removed fixed access terms, set child support at $1,018 monthly, and ordered retroactive support to July 1, 2008.

  • Variation of orders
  • Retroactive child support
  • Security for child support
  • Shared custody
  • Parenting schedule
  • Document production
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Civil procedure 2003 BCSC 1876

Berry v. Cypost et al (No. 3)

The court granted a renewed examination for discovery of Tom Johnston, finding exceptional circumstances from late disclosure of large volumes of documents during trial.

  • Further examination for discovery
  • Late document disclosure
  • Trial management
  • Privilege objections
  • Authority/delegation to communicate with counsel
  • Civil-procedure
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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.