Canada Case Law

Dhunna v. Brown

Court

Supreme Court of British Columbia

Although the defendant engaged in severe delay and failed to take steps promptly to set aside the default judgment, he did not wilfully fail to defend and he demonstrated defences worthy of investigation (including disputed waiver of conditions and mitigation arguments); balancing prejudice and the administration of justice, the interests of justice required setting aside the default judgment and, consequently, the damages order, and permitting the defendant to file a response within 30 days.

Source excerpt

• Setting aside default judgment
• Damages assessment
• Specific performance claim
• Mitigation of damages
• Application timing and delay

Read case analysis

XY, LLC v. Zhu

Court

Supreme Court of British Columbia

The court refused an adjournment and dismissed a motion to set aside default judgment, finding valid service, deliberate delay, and no meritorious defence.

• Set aside default judgment
• Service on incarcerated persons
• Adjournment and peremptory hearing
• Misuse of process
• Disclosure of source of legal fees
• Assessment of costs and uplift

Read case analysis

Block v. Block

Court

Supreme Court of British Columbia

The registrar certified a staged payment schedule for a $13.99 million judgment, rejected deferral until a BCI share sale, and ordered accelerating payment if sale proceeds become available.

• Spousal support
• Retroactive child support
• Division of matrimonial property
• Judgment payment schedule
• Share sale and transfer
• Court order interest

Read case analysis

Jaymat Limited v. Trichilo

Court

Court of Appeal for Ontario

Panel review of a stay-lifting motion was dismissed where the chambers judge’s finding that alleged asset dissipation was speculative was open on the record.

• Automatic stay
• Lifting stay
• Summary judgment
• Asset dissipation
• Costs
• Automatic-stay

Read case analysis

Jones v. Jones

Court

Supreme Court of British Columbia

The court set aside portions of a prior chambers order obtained when respondents were absent, finding the claimant had misrepresented earlier proceedings and that the Miracle Feeds factors were met.

• Stay of proceedings
• Disclosure obligations
• Setting aside ex parte/chambers order
• Abuse of process
• Costs
• Stay-of-proceedings

Read case analysis

Ma v. Wu

Court

British Columbia Court of Appeal

The Court of Appeal dismissed an appeal as abandoned after the appellants failed to comply with a security for costs order and offered no realistic plan to pay.

• Security for costs
• Dismissal for abandonment
• Prejudice to respondent
• Merits of appeal
• Interests of justice
• Variation of court orders

Read case analysis

Eshtiaghi v. Haratian

Court

Court of Appeal for Ontario

Because the appellant filed no evidence and the respondent affirmatively denied any third party agreement while establishing that the obligation arose from an independent contract, the motion judge properly granted summary judgment and refused to stay execution; absent evidentiary support for the asserted third party claim there was no basis to disturb the motion judge's decision.

Source excerpt

• Promissory note
• Summary judgment
• Stay of execution
• Third party claim
• Costs

Read case analysis

McHugh v. Cameron

Court

Supreme Court of British Columbia

The court set aside a without-notice stay order, granted vacant possession to facilitate sale of the lands, declared the defendants vexatious litigants, and ordered special costs.

• Default judgment
• Conduct of sale
• Without notice application
• Vacant possession
• Vexatious litigant declaration
• Special costs

Read case analysis

Conte v. Pettle

Court

Court of Appeal for Ontario

The Court of Appeal held that the trial judge correctly concluded there was no fraudulent conveyance of the real property because there was no evidence Mr. Pettle funded the original purchases, but erred in attributing only 50% of unexplained deposits to Mr. Pettle; the adverse inference should encompass the entire $434,000 of unaccounted deposits, and the trial judgment is amended by replacing $217,000 with $434,000; appeal otherwise dismissed as to other grounds.

Source excerpt

• Fraudulent conveyances
• Beneficial interest
• Adverse inference
• Tracing
• Examination in aid of execution
• Costs

Read case analysis

Wood v. Bevan

Court

Supreme Court of British Columbia

The court found the plaintiff’s pleading too muddled and ordered amendment to clarify fraud, trust, and conspiracy claims, while rejecting some particulars requests.

• Separation agreement as potential sham
• Pleading requirements under rule 3-7 sccr
• Badges of fraud
• Tracing of loan proceeds
• Remedies – declarations and setting aside transfers
• Costs

Read case analysis