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Canada Case Law

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Builders lien act 2022 BCSC 2505

Dollar Tile Distributors Ltd. v. Pacific Gate Development Group Ltd.

The court dismissed a plaintiff’s application for personal judgment against a company owner, finding insufficient evidence to link alleged trust funds to the plaintiff’s unpaid invoices.

  • Trust funds
  • Builders lien trust
  • Limitation period
  • Unjust enrichment
  • Tracing
  • Default judgment
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Family law 2018 ONCA 785

Pustai v. Pustai

The Court allowed the appeal in part: it found the trial judge erred in treating the husband as having a material adverse change in financial circumstances when his income remained essentially consistent and erred in terminating spousal support without analyzing the variation against the parties' 2008 bargain and applicable Miglin/L.M.P. principles; the Court upheld that the wife had a material change warranting imputed earnings but reduced the imputation to $33,000 (June 1, 2013–Dec 31,2017) and $38,000 (from Jan 1, 2018) and varied support to $2,350/month effective June 1, 2013 and $2,250/m…

  • Variation of spousal support
  • Termination of spousal support
  • Imputation of income
  • Consent order interpretation
  • Secret trust agreement
  • Matrimonial home proceeds
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Civil enforcement 2011 BCSC 1700

0779710 B.C. Ltd. v. HS Holdings Ltd.

A judgment creditor obtained production of documents to assess whether the debtor held beneficial ownership of property, with costs fixed at $500.

  • Examination in aid of execution
  • Production of documents
  • Bare trust
  • Equitable ownership
  • Conveyancing file
  • Notice to non-party
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Civil procedure 2003 BCCA 551

Peel Financial Holdings Ltd. v. Western Delta Lands Partnership

The Court of Appeal for British Columbia found several respondents in contempt for moving and disbursing funds contrary to a freezing injunction, but not 628032 British Columbia Ltd.

  • Contempt
  • Freezing injunctions
  • Asset transfers to avoid orders
  • Aiding and abetting contempt
  • Standard of proof in contempt
  • Contempt-of-court
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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.