Canada Case Law

Janic v. Janic

Court

Court of Appeal for Ontario

The Court of Appeal dismissed the appeal: the motion judge did not err in attributing the respondent’s 2018 corporate withdrawals to her income, did not err in refusing to disturb imputed income for 2019–2021 because the appellant failed to participate and cannot rely on late disclosure, correctly found medical consultation notes insufficient to establish incapacity to work, properly included recurring family funds in income for 2022–2024, found no reasonable apprehension of bias from prior enforcement proceedings, and applied the Divorce Act and Federal Child Support Guidelines correctly.

Source excerpt

• Imputation of income
• Financial disclosure
• Variation of support
• Section 7 expenses
• Costs

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Stenner v. Stenner

Court

Supreme Court of British Columbia

The court dismissed a recusal application, finding no reasonable apprehension of bias and no legal basis to stay or refer the case to another judge.

• Recusal
• Reasonable apprehension of bias
• Case management
• Dismissal of pleadings
• Court registry access
• Costs

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Stanton v. Stanton

Court

Nova Scotia Court of Appeal

The stay motion is dismissed because the appellants failed to establish an arguable issue capable of persuading an appellate panel and failed to show irreparable harm; the new bias allegation lacked evidentiary foundation, the trial judge’s factual and credibility findings are owed deference, and the respondent’s undertaking to preserve the Fish House eliminated the asserted irreparable harm related to loss of the structure.

Source excerpt

• Stay of execution
• Fulton test
• Irreparable harm
• Balance of convenience
• Credibility findings
• Appellate deference

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Brunt v. O’Brien

Court

Nova Scotia Court of Appeal

The appeal was dismissed because the appellant failed to identify any error of law or establish a palpable and overriding error in the trial judge’s factual findings; the trial judge reasonably rejected claims that lacked evidentiary support, properly found the Scotiabank line of credit documentation had been provided within the required timeframe, and the appellant did not overcome the presumption of judicial impartiality.

Source excerpt

• Property division
• Distribution of sale proceeds
• Evidentiary sufficiency
• Bias (reasonable apprehension)
• Standard of appellate review

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Speckling v. Communications, Energy and Paperworkers’ Union of Canada, Local 76

Court

British Columbia Court of Appeal

The Court of Appeal dismissed Walter Speckling’s appeal from summary trial dismissal of his union contract claim and found his bias allegations unfounded, awarding special costs.

• Union constitution as contract
• Breach of contract
• Procedural fairness in internal union discipline
• Labour relations board jurisdiction
• Summary trial
• Judicial bias and reasonable apprehension

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Oleynik v. Memorial University of Newfoundland

Court

Newfoundland and Labrador Court of Appeal

The judge applied the correct legal standards to the recusal application and to the Palmer test for additional evidence; no palpable and overriding factual errors were shown; the judge’s critical remarks were contextual and not disqualifying; the appellant’s persistent unfounded allegations and abusive use of process met the high threshold for special costs, therefore the additional evidence application and the appeal are dismissed and costs awarded to the respondent.

Source excerpt

• Recusal
• Reasonable apprehension of bias
• Solicitor-client costs
• Palmer test for additional evidence
• Case management orders

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R. v. Holloway

Court

Nova Scotia Court of Appeal

The motion to extend time was dismissed because, although the applicant had bona fide intent and no prejudice was shown, none of the proposed grounds raised an arguable issue: the guilty pleas were voluntary, informed and final; allegations of ineffective counsel, judicial bias and police misconduct lacked evidentiary support; remand credit was properly applied; therefore the interests of justice did not require an extension.

Source excerpt

• Extension of time
• Guilty plea finality
• Ineffective assistance of counsel
• Remand credit
• Reasonable apprehension of bias
• Allegations of police misconduct

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Khalil v. Abdelkader

Court

Nova Scotia Court of Appeal

The Registrar's motion to dismiss was granted because the appellant failed to perfect the appeal within the 80-day rule, provided insufficient evidence to excuse the default (no medical documentation or meaningful communication about inability to comply), failed to demonstrate legitimate and arguable grounds (bare allegations of bias and procedural unfairness unsupported by transcript or cogent evidence), and dismissal was warranted to prevent prejudice to the respondent and to conserve court resources.

Source excerpt

• Failure to perfect appeal
• Dismissal for non-compliance with rules
• Summary judgment
• Judicial bias
• Procedural fairness
• Accommodation for mental health

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Johnson v. Canadian Tennis Association

Court

Federal Court

The Federal Court dismissed Christopher Johnson’s Rule 51 appeal, found no bias or palpable error in the discovery ruling, and ordered $5,000 costs.

• Bias and judicial disqualification
• Motions to strike written discovery
• Admissibility of fresh evidence on appeal
• Rule 51 appeals
• Abusive litigation conduct
• Refusals chart requirement

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R. v. K.J.M.J.

Court

Nova Scotia Court of Appeal

The judge's September 26 email is part of the record; no privilege attached to the in‑court comments; the judge's emphatic pre‑argument conclusions (predetermination on one count) and prior credibility/character findings, together with his attempt to expunge the remarks and restrict access to recordings, give rise to a reasonable apprehension of bias; convictions set aside and a new trial ordered.

Source excerpt

• Reasonable apprehension of bias
• Judicial bias
• Predetermination of guilt
• Record on appeal (s.682(1))
• Privilege of judges
• Charter s.11(d)

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