Canada Case Law

DeCotiis v. DeCotiis Estate

Court

Supreme Court of British Columbia

The prior DeCotiis disclosure order with an express temporal limitation is final and bars production of the Lee and Geddes reports (they post‑date the cutoff) so issue estoppel/abuse of process prevents relitigation; conversely, Documents 673 and 682 fall within the previously ordered scope and the wills exception overrides asserted litigation or third‑party privilege, so the redacted documents must be produced unredacted within seven days.

Source excerpt

• Wills exception
• Solicitor-client privilege
• Litigation privilege
• Document disclosure
• Res judicata
• Abuse of process

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Canadian Pacific Railway Company v. Canada (Transportation Accident Investigation and Safety Board)

Court

Federal Court

The Federal Court held that most locomotive event recorder data was not exempt under s 20(1)(b) ATIA, but CP’s inserted Comments were confidential and withheld.

• Third-party information exemption s 20(1)(b) atia
• Locomotive event recorder (ler) data
• Confidentiality and expectation of confidence
• Statutory privilege under ctaisb act s 30
• Severance of records s 25 atia
• Costs award

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Zhang Estate v. Yin

Court

Supreme Court of British Columbia

The court severed and stayed a counterclaim so the plaintiff’s estate claim could proceed first, citing privilege concerns and potential counsel-as-witness issues.

• Severance of counterclaim
• Solicitor-client privilege and waiver
• Counsel as witness/conflict
• Certificates of pending litigation
• Joinder and stays
• Abuse of process counterclaim pleading standards

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Portnov v. Alexander Holburn + Lang LLP

Court

Supreme Court of British Columbia

The court struck Abraham Portnov’s claim against opposing counsel, finding it prolix, incoherent, and an abuse of process, and refused leave to amend.

• Strike pleadings
• Particularity for fraud allegations
• Absolute privilege
• Duty of care of opposing counsel
• Abuse of process
• Res judicata

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Merchant Law Group LLP v. Mayer

Court

British Columbia Court of Appeal

The Court of Appeal for British Columbia dismissed Merchant Law Group LLP’s stay application pending leave to the Supreme Court of Canada in a class-action jurisdiction dispute.

• Forum non conveniens
• Stay pending appeal
• Jurisdiction
• Juridical advantage
• Disclosure and solicitor-client privilege
• Leave to appeal to the supreme court of canada

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R. v. Keeping

Court

Newfoundland and Labrador Court of Appeal

The applications judge did not err: the disclosures by former counsel were within the scope permitted to rebut allegations, were properly handled (materials under seal and publication restrictions), did not objectively undermine the appellant's ability to form a solicitor-client relationship with available Legal Aid counsel (Gruchy), and thus did not justify derogating from the Legal Aid scheme; appeal dismissed.

Source excerpt

• Right to counsel
• Rowbotham application
• Solicitor-client privilege and deemed waiver
• Legal aid funding
• Publication restrictions

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SPE Valeur Assurable Inc. c. Le Roi

Court

Tax Court of Canada

On the balance of probabilities the Court found the US entities performed little or no marketing for SPE, substantial transfers from SPE to those entities were diverted back to Mr. Plante or his associates rather than spent on bona fide marketing, therefore SPE’s deductions were disallowed under s.18(1)(a); the four Neuman conditions for s.56(2) are satisfied so transferred amounts are includible in Mr. Plante’s income; the minister’s reassessments outside the normal reassessment period were valid under s.152(4) because appellants made misrepresentations/omissions; and penalties under s.163(2…

Source excerpt

• Deductibility of business expenses (s.18(1)(a))
• Shareholder benefits and inclusions (s.56(2) and s.15(1))
• Reassessment outside normal period (s.152(4))
• Penalties for false statements (s.163(2))
• Litigation privilege (blank, lizotte)
• Credibility assessment

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Novak v. Seemann

Court

Supreme Court of British Columbia

The court awarded non-party costs to a former solicitor who resisted document production, reduced the claimed tariff items and disbursements, and made the administrators personally liable.

• Solicitor-client privilege
• Wills exception to privilege
• Non-party costs
• Document production from non-parties
• Summary assessment of costs
• Personal liability of estate administrators

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A.B. v. E.F.

Court

Supreme Court of British Columbia

The court refused to strike a fraudulent conveyance claim, but stayed the proceeding until the related tort actions are resolved because of discovery and privilege concerns.

• Fraudulent conveyance act
• Stay of proceedings
• Striking pleadings
• Abuse of process
• Solicitor-client privilege
• Appointment of referee/amicus

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Powertech Labs Inc. v. Das

Court

Supreme Court of British Columbia

The court dismissed an application for a broad interlocutory gag order and immediate production, finding no basis for the speech restraint and awarding costs to Powertech.

• Interim injunction
• Gag order
• Preservation letters
• Absolute privilege
• Qualified privilege
• Irreparable harm

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