Canada Case Law

Dramel Limited v. Multani

Court

Court of Appeal for Ontario

Although there is a serious question on appeal because the Parkview Hill mortgage was included in the aggregate indebtedness determined by Chalmers J., the appellants failed to establish irreparable harm from eviction and the balance of convenience favoured the respondent given appellants' long delay, lack of undertaking, and prior findings against them; accordingly, the interests of justice do not favour imposing a stay and the motion is dismissed.

Source excerpt

• Stay pending appeal
• Writ of possession
• Default judgment
• Forbearance agreement
• Interim injunction test
• Balance of convenience

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Price v. 481530 B.C. Ltd.

Court

Supreme Court of British Columbia

Registrar Nielsen assessed special costs in a wrongful dismissal and conspiracy case, awarding $660,000 in fees plus taxes, with reduced disbursements and limited enforcement-related costs.

• Special costs
• Wrongful dismissal
• Civil conspiracy
• Piercing the corporate veil
• Costs assessment
• Mareva/garnishment

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Shih v. Shih

Court

Supreme Court of British Columbia

The court found the respondent in contempt for wilfully disobeying family-law orders on support, property division, and parenting-coordinator steps, and gave him time to purge the contempt.

• Contempt
• Stay pending appeal
• Parenting coordinator
• Garnishment
• Special costs
• Equalization

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Chrysler v. Chrysler

Court

Supreme Court of British Columbia

The court set aside in part a default order for special expenses, finding the husband’s non-attendance was not wilful and limiting recovery to proven tuition and medical costs.

• Special or extraordinary expenses (s.7 guidelines)
• Setting aside default/chambers orders
• Wilful default and miscarriage of justice
• Separation agreement interpretation
• Family maintenance enforcement program actions
• Child-support

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Canada (National Revenue) v. Middleton

Court

Federal Court

The Federal Court issued a warrant of committal after finding that Kevin William Middleton had been served and had failed to pay court-imposed fines and costs.

• Warrant of committal
• Compliance order
• Default of payment
• Service of process
• Costs
• Contempt-of-court

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Aros Investment Ltd.. v. Picchi

Court

Supreme Court of British Columbia

The court held that foreclosure under s. 32 did not bar Aros from realizing on separate collateral security for the mortgage debt, but rejected its trespass claim.

• Order absolute
• Personal covenant
• Timber assignment
• General security agreement
• Priority of creditors
• Writ of seizure and sale

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Canada (Minister of National Revenue) v. Coffrages Universel Ltée.

Court

Federal Court

The Federal Court dismissed a motion to invalidate a summons to appear and produce documents, and ordered the debtor’s representative to be examined and to bring the requested documents.

• Summons to appear
• Examination of judgment debtor representative
• Production of documents
• Income tax act ss.230 and 240
• Income-tax-act
• Tax-enforcement

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Hayes-Holgate v. Hayes-Holgate

Court

Supreme Court of British Columbia

On a variation application, the court reduced spousal maintenance, cancelled arrears, and discharged garnishment, but dismissed a pension-transfer claim.

• Spousal support
• Variation of maintenance
• Arrears and enforcement
• Garnishment
• Pension division
• Household property division

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