Canada Case Law

VM Agritech Limited v. Smith

Court

British Columbia Court of Appeal

An associate judge has jurisdiction to decide applications to set aside default judgments because that jurisdiction is procedural/administrative in character, Euro Ceramics was decided per incuriam and subsequent s.96 jurisprudence and appellate procedural reforms permit conferral of that jurisdiction without infringing the core jurisdiction of s.96 courts; the chambers judge did not misapprehend the evidence and her conclusions were open to her.

Source excerpt

• Section 96 jurisdiction
• Set aside default judgment
• Associate judge jurisdiction
• Vertical stare decisis
• Per incuriam

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Kular v. Avcorp Industries Ltd.

Court

Supreme Court of British Columbia

The court adjourned a wrongful dismissal summary trial application and directed it to be set down on the long-chambers list, finding two hours in ordinary chambers was insufficient.

• Summary trial
• Wrongful dismissal
• Chambers scheduling
• Hearing allocation
• Summary-trial
• Wrongful-dismissal

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Katz v. Kosikar

Court

British Columbia Court of Appeal

The Court of Appeal dismissed two leave applications, holding the impugned chambers directions were non-appealable procedural or courtroom-management rulings.

• Leave to appeal
• Courtroom management
• Adjournment
• Default judgment
• Set aside default judgment
• Time limits on submissions

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R. v. Etherden

Court

Court of Appeal for Ontario

The Court of Appeal for Ontario withheld publication of its reasons because a s. 517 Criminal Code non-publication order from the bail hearing remains in force.

• Section 517 criminal code
• Non-publication order
• Publication ban
• Access to court records
• Publication-ban
• Non-publication-order

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College of Traditional Chinese Medicine Practitioners and Acupuncturists of Ontario v. Yan

Court

Court of Appeal for Ontario

The motion to stay was dismissed because the moving party failed to obtain the mandatory leave of a Superior Court judge required under s.140(3) and failed to comply with rule 38.13 (including service on the Attorney General); a Court of Appeal judge should not, in these circumstances and absent assignment or following the ordinary process, reconstitute as a Superior Court judge under s.13(2) to grant such leave.

Source excerpt

• Vexatious litigant orders
• Stay pending appeal
• Leave under s.140(3) cja
• Service requirements under rules of civil procedure
• Costs

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Martin v. Canada (Attorney General)

Court

Supreme Court of British Columbia

The court struck the notice of civil claim and dismissed the proceedings because the plaintiff filed without leave in breach of a vexatious litigant order, and awarded special costs.

• Vexatious litigant orders
• Strike pleadings
• Dismissal for lack of leave
• Special costs
• Abuse of process
• Adjournment discretion

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R. v. Swaine

Court

Court of Appeal for Ontario

The court held that cross-examination of the two prosecuting Crowns is relevant and there is a reasonable possibility it could assist on a fresh-evidence motion and be admissible on appeal, so the Crowns must make themselves available for cross-examination; orders for production of ELO communications, the retired trial judge's work product and a s.682 report were deferred because of serious potential privilege issues requiring detailed submissions, and the matter was directed to return in four weeks for those submissions.

Source excerpt

• Fresh evidence
• Production of documents
• Cross-examination of prosecutors
• Judicial reasons
• S. 682 judge's report
• Communications with executive legal officer

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Dugré v. Canada (Attorney General)

Court

Federal Court

The Federal Court dismissed a motion to strike a judicial review challenging the Canadian Judicial Council’s recommendation to remove Justice Gérard Dugré.

• Judicial review
• Jurisdictional bar (s.18.5 federal courts act)
• Transitional provisions
• Judicial removal process
• Privative clauses
• Access to courts

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Hartin (Re)

Court

Supreme Court of British Columbia

The court held an associate judge lacks jurisdiction to order an estate interim distribution because the relief would require inherent jurisdiction.

• Interim distribution of estate assets
• Inherent jurisdiction
• Jurisdiction of associate judge
• Executor accounts
• Rules versus inherent powers
• Estate-administration

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British Columbia (Attorney General) v. Provincial Court Judges’ Association of British Columbia

Court

British Columbia Court of Appeal

The Court of Appeal allowed the Attorney General’s appeal in a Bodner review of judicial compensation, holding the government’s response to the commission report was rational.

• Judicial independence
• Judicial remuneration
• Bodner review
• Judicial compensation commission
• Separation of powers
• Statutory interpretation

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