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Civil procedure 2024 BCSC 2416

K.A.R. v. Dawson

The court ordered psychiatric and neurological IMEs, dismissed a request for the expert’s engagement agreement, and required production of cited reference materials.

  • Independent medical examination
  • Expert disclosure and production
  • Causation
  • Expert impartiality/engagement agreements
  • Costs
  • Publication ban
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Contract law 2022 BCSC 1846

Quick Pass Master Tutorial School Ltd. v. Zhao

The court held the non-compete and confidentiality clauses enforceable, found breaches, awarded $50,000 in damages, denied an injunction and punitive damages, and granted special costs.

  • Non-compete
  • Non-solicitation
  • Confidentiality clause
  • Breach of contract
  • Permanent injunction
  • Punitive damages
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Civil procedure 2015 BCSC 1102

DropLo Management Group Ltd. v. Howard

The court dismissed the action against Peter James Howard for lack of territorial competence under the CJPTA, finding no prima facie B.C. jurisdiction and, alternatively, that the U.K. was the more appropriate forum.

  • Territorial jurisdiction
  • Forum conveniens
  • Cjpta s.3 s.10 s.11
  • Breach of fiduciary duty
  • Restitution and unjust enrichment
  • Conversion
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Civil procedure 2014 BCSC 1485

McHenry Software Inc. v. ARAS 360 Incorporated

The court refused to seal an arbitration award, holding McHenry had not shown a real and substantial risk to an important commercial interest.

  • Sealing orders
  • Open court principle
  • Confidentiality of arbitration
  • Sierra club test
  • Commercial interests
  • Sealing-orders
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Civil procedure 2013 NSSC 254

Roué v. Nova Scotia

Respondents must produce an itemized list identifying documents over which privilege is claimed (for the period before service of the Notice of Intended Action on the Attorney General and before retention of outside counsel by other respondents), setting out date, sender/recipient and status, general subject matter (without breaching privilege), type of privilege and basis for the claim; respondents must produce all contracts between them relating to the Project subject to protective measures; the request for a discovery subpoena for Rory MacDonald is denied as premature and inadequately foun…

  • Disclosure and discovery
  • Solicitor-client privilege
  • Discovery subpoena
  • Relevance of documents
  • Production of contracts
  • Moral rights
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Constitutional law 2012 BCCA 161

Dish Network L.L.C. v. Rex

Appeal from an advance-costs order funding a Charter challenge to broadcasting laws. The Court held the challenge was too speculative and set the order aside.

  • Section 2(b) charter freedom of expression
  • Advance costs (okanagan/little sisters test)
  • Radiocommunication act ss.9(1)(c),10(1)(b),18
  • Order in council broadcasting licensing restrictions
  • Grey market satellite reception
  • Standing/public interest litigation
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Tax law 2009 TCC 590

Donato v. The Queen

The donated cartoons were not personal-use property because their primary use was commercial (created and used to fulfil a contractual obligation to Sun Media), so the 2001 assessment of taxable capital gains is correct and the appeal for 2001 is dismissed; the 1999 reassessment is barred by statute because the Minister did not prove misrepresentation through neglect, carelessness or wilful default, so the 1999 assessment dated July 30, 2007 is vacated.

  • Charitable donation tax credits
  • Capital gains taxation
  • Personal-use property rules
  • Statute-bar (reassessment)
  • Rectification orders
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Contract law 2009 BCSC 222

Cancedar Log Homes Ltd. v. Hodson

The court found Cancedar breached a log-home contract by delay and non-compliance, and by selling the home to a third party. Hodson recovered repayment, resale profit, and commission.

  • Breach of contract
  • Nondelivery damages
  • Seller's and buyer's lien
  • Unjust enrichment
  • Constructive trust
  • Piercing the corporate veil
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Civil procedure 2004 FCA 412

Amico Imaging Services Inc. v. Canadian Private Copying Collective

The motions judge properly applied the Anton Piller three‑prong test and his factual findings were supported by the evidence such that there were no palpable and overriding errors; accordingly the order refusing to set aside the Anton Piller order is upheld and costs are awarded to the respondent on appeal.

  • Anton piller order
  • Search and seizure
  • Interlocutory relief
  • Costs
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Property law 2000 BCSC 1121

Island View v. Anderson

The court ordered return of survey plans, holding the defendant’s earlier delivery abandoned any possessory lien and that any copyright consent was not withdrawn.

  • Replevin
  • Possessory lien
  • Copyright in survey plans
  • Withdrawal of consent to use copyrighted works
  • Effect of delivery on common law lien
  • Possessory-lien
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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.