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Canada Case Law

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Contract law 2024 BCSC 2285

Harder v. InCor Holdings Limited

Summary trial granted on two loan claims; contempt found for non-compliance with a Mareva disclosure order, with security for good behaviour ordered.

  • Promissory notes
  • Mareva injunction
  • Disclosure orders
  • Security for good behaviour
  • Summary trial procedure
  • Joint and several liability
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Civil procedure 2023 BCSC 2026

EAM Global Logistics Ltd. v. Khataw

The court found some defendants in contempt of a Mareva injunction, ordered targeted disclosure and payment from an Inovo account, and adjourned sanctions and costs.

  • Mareva injunction
  • Freezing order
  • Civil contempt
  • Asset disclosure
  • Fund recovery from bank accounts
  • Sanctions and costs
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Municipal law 2023 BCSC 2161

City (Surrey) v. Singh

The court granted municipal enforcement relief against unpermitted construction and unlawful occupancy, ordering demolition steps to return the house to single-family use.

  • Building permits
  • Secondary suites
  • Unpermitted construction
  • Demolition orders
  • Occupancy permits
  • Enforcement of zoning bylaws
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Family law 2021 BCCA 223

Maryoush v. Ibrahim

The Court of Appeal dismissed applications to quash the appeal as premature and to dismiss it as abandoned, but ordered security for costs and judgment and stayed the appeal.

  • Extension of time
  • Dismissal for abandonment
  • Prematurity of appeal
  • Security for costs of appeal
  • Security for special costs
  • Security for judgment
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Property law 2015 BCSC 139

Lafontaine v. The University of British Columbia

The court refused to delete a dominant tenement from an easement, but suspended UBC’s permitted use until it took proper steps to enforce earlier restrictions.

  • Easement modification
  • Private right of way
  • Agricultural land commission act
  • Proprietary estoppel
  • Enforcement of court orders
  • Extinguishment/termination of easement
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Intellectual property 2012 FC 38

Direct Source Special Products Inc. v. Sony Music Canada Inc.

The Federal Court dismissed Direct Source’s motion to amend its pleading, holding it had to be held to its pre-trial position and that the amendments were repetitive and prejudicial.

  • Leave to amend pleadings
  • Res judicata
  • Pre-trial conference representations
  • Abuse of process
  • Costs and sanctions
  • Leave-to-amend-pleadings
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Tax law 2006 FC 689

Weinberg, Re

The Federal Court dismissed the Crown’s appeal from a prothonotary’s decision adjourn a garnishment motion sine die, deferring a conflict-of-interest issue to Quebec court.

  • Income tax act certification
  • Garnishment under federal courts rules (rule 449-451)
  • Intervention by competing creditor
  • Disqualification of counsel for conflict of interest
  • Stay/adjournment discretion
  • Mareva injunction and competing creditor priority
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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.