Canada Case Law

Morton v. Cherkaoui

Court

British Columbia Court of Appeal

The respondent is entitled to ordinary costs of the appeal payable by the appellant under s.44 of the Court of Appeal Act; the appellant's inaccurate factual assertions and corrected A.I. errors did not constitute reprehensible conduct on the appeal sufficient to warrant special costs, and trial conduct alone without lower‑court findings is insufficient to justify special costs on appeal.

Source excerpt

• Derivative action
• Leave to commence derivative action
• Costs of appeal
• Special costs
• Misconduct in litigation
• Use of ai in legal submissions

Read case analysis

Collmann v. Rally

Court

Supreme Court of British Columbia

The court struck a civil claim against solicitors for a lender, finding no duty of care to the borrower and that the claims were unnecessary and an abuse of process.

• Strike under rule 9-5
• Duty of care to non-client
• Contribution and indemnity
• Abuse of process
• Frivolous pleadings
• Costs

Read case analysis

R. v. MacQuarrie

Court

Nova Scotia Provincial Court

On the balance of probabilities contemporaneous handwritten notes and text message screenshots established that Ms. Wolfe encouraged the accused to file a false judicial complaint mid-trial to obtain a mistrial and facilitate rehire; that misconduct created an appearance of unfairness that undermines public confidence and prejudices the fairness of the trial. The fresh evidence relating to the trial process was admissible and justified declaring a mistrial and scheduling a new trial before a different judge.

Source excerpt

• Ineffective assistance of counsel
• Mistrial
• Obstruction of justice
• Fresh evidence admissibility
• Publication restriction s.486.4

Read case analysis

Ratnasingam v. Balasubramaniam

Court

Court of Appeal for Ontario

The Court of Appeal dismissed an appeal to set aside a consent dismissal and settlement involving a plaintiff under disability, applying the Book factors and finality principles.

• Capacity (persons under disability)
• Rule 7.08 settlement approval
• Setting aside final judgments
• Parens patriae jurisdiction
• Fraud by counsel
• Litigation guardian appointment

Read case analysis

Snow v. Snow

Court

Supreme Court of Nova Scotia

Court held there was an enforceable contract limited to the property transfer with terms: purchase price $450,000, mortgage $335,000, additional $115,000 payable (characterized as $100,000 by annual $25,000 payments from 2024 plus $15,000 payable when reasonably able); collateral documents (will, cohabitation agreement, prenuptial) were not conditions precedent and were separate negotiations; applicants' substantive relief against Reggie is dismissed (no fraud or bad faith proven) though the court recognized unpaid contractual payments totaling $50,000 (2024 and 2025) owed by Reggie; claim ag…

Source excerpt

• Agreement formation
• Specific performance
• Rescission
• Fraudulent misrepresentation
• Constructive/resulting trust
• Land registration

Read case analysis

College of Veterinarians of British Columbia v. Hlus

Court

Supreme Court of British Columbia

La Cour a rejeté l’interdiction générale demandée contre l’ancienne avocate interne du Collège, mais a interdit à Me Hlus d’agir pour Dr J; les demandes visant Dr C et Dr D ont été rejetées.

• Disqualification of counsel
• Former-client conflict of interest
• Solicitor-client privilege
• Attack on own work product
• Statutory interpretation of bylaws
• Public interest regulator duties

Read case analysis

O’Neil v. O’Neil

Court

Supreme Court of Nova Scotia

No disqualification because there was no solicitor-client relationship or evidence that BWB received confidential information from the Respondent; prior representation of a different sibling does not alone create a reasonable apprehension of bias or a disqualifying conflict; therefore permitting BWB and Mr. Adams to continue does not risk fairness or integrity of the proceeding.

Source excerpt

• Disqualification of counsel
• Conflict of interest
• Estate accounting
• Costs

Read case analysis

Salloum v. Oyen Wiggs Green and Mutala LLP

Court

Supreme Court of British Columbia

The Court struck most pleadings in three related actions against former counsel, allowed one amended negligence-based claim to proceed, and dismissed joinder and consolidation applications.

• Rule 9-5 sccr striking pleadings
• Negligence against former counsel
• Misappropriation of trust funds
• Unjust enrichment
• Absolute privilege for judicial proceedings
• Champerty and maintenance

Read case analysis

Hussein v. Canada (Immigration, Refugees and Citizenship)

Court

Federal Court

The Federal Court ordered applicant’s counsel to personally pay $100 in costs after generative AI hallucinated cases were filed without required disclosure.

• Use of generative ai
• Ai hallucinations
• Costs against counsel
• Disclosure obligations
• Misrepresentation to court
• Judicial sanctions

Read case analysis

Samarakoone v. The Law Society of British Columbia

Court

Supreme Court of British Columbia

Judicial review of a Law Society administrative penalty succeeded because the June 10, 2020 trust receipt was exempt from Rules 3-102 and 3-104.

• Client identification and verification
• Administrative penalty process
• Procedural fairness
• Statutory rule exemptions
• Judicial-review
• Administrative-penalty

Read case analysis