Canada Case Law

M.A.L. v. V.G.A.

Court

Supreme Court of British Columbia

On credibility and best interests grounds the mother's evidence was preferred, the father was found not fully credible and responsible for escalatory conduct including a family violence incident (June 17, 2022); joint guardianship retained but the mother granted final decision-making for education and health; parenting time ordered on a 14-day rotation giving mother 9 nights and father 5 nights (approx 60/40) with specified summer and holiday arrangements; respondent's property and disclosure claims regarding Indian land and bank/mutual funds were dismissed for lack of reliable evidence; resp…

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• Parenting time
• Guardianship
• Decision-making authority
• Section 7 expenses
• Family violence
• Conduct orders

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Seferovic v. 285 Spadina SPV Inc.

Court

Court of Appeal for Ontario

La Corte desestimó las mociones de Ronald Hitti por falta de permiso bajo una orden vigente de litigante vexatorio y otorgó costas a 235 Ontario Corp.

• Vexatious litigant order
• Leave to bring motions
• Dismissal for delay
• Abuse of process
• Registration/filing of appeals
• Vexatious-litigant-order

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Salloum v. Smith (Smiths IP)

Court

British Columbia Court of Appeal

The Court of Appeal refused to extend time to appeal, finding no arguable merit in the proposed appeal from striking and amendment orders. Stay and consolidation were also dismissed.

• Extension of time to appeal
• Striking pleadings
• Abuse of process
• Absolute privilege
• Stay of proceedings
• Consolidation

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Ma v. Dai

Court

Supreme Court of British Columbia

The court settled the terms of a vexatious litigant order against William Kuntang Ma, requiring leave for new and existing substantive filings in BC Supreme Court matters.

• Vexatious litigant declaration
• Requirement for leave to commence proceedings
• Scope of 'proceeding'
• Settlement of order terms
• Case management discretion
• Vexatious-litigant-declaration

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Lew v. Bank of Montreal

Court

British Columbia Court of Appeal

The Court of Appeal dismissed the appeal as abandoned after no factum was filed despite an extension, and made a limited vexatious-litigant order tied to the foreclosure matter.

• Dismissal for want of prosecution
• Abandonment of appeal
• Vexatious litigant orders
• Security for costs
• Conduct of sale
• Costs assessment

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Mitchell v. Maze

Court

Supreme Court of British Columbia

The court removed CIBC as a defendant because it was not properly added, refused to strike the pleading, denied a vexatious litigant order, and declined special costs.

• Striking pleadings
• Adding parties
• Vexatious litigant declaration
• Special costs
• Interpleader
• Freezing of bank accounts

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Slater Vecchio LLP v. Arvanitis

Court

British Columbia Court of Appeal

The Court of Appeal dismissed an extension-of-time application to appeal a vexatious litigant order, quashed a second attempt to appeal an earlier order, and declined to address the no-fee request.

• Vexatious litigant
• Extension of time to appeal
• No fee order
• Summary judgment
• Res judicata
• Extension-of-time-to-appeal

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Dong v. Simon

Court

Supreme Court of British Columbia

The court struck out Steven Dong’s civil conspiracy claim against David Simon and his law corporation, finding no pleaded agreement, no causal damage, and an abuse of process.

• Striking pleadings
• Civil conspiracy
• Vexatious litigation
• Abuse of process
• Summary judgment
• Implied undertaking

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Morriss v. British Columbia

Court

British Columbia Court of Appeal

The Court of Appeal dismissed Sean Morriss’s appeal, upholding the setting aside of default judgment and the dismissal of his claim as barred by a prior vexatious litigant order.

• Vexatious litigant orders
• Leave to commence proceedings
• Default judgment
• Special costs
• Enforcement of costs
• Vexatious-litigant-orders

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R.S.R. v. J.N.

Court

Supreme Court of British Columbia

Family-law trial about parenting, child support, and credibility. The court found the respondent not credible, kept primary residence with the claimant, and ordered child support and s. 211 costs.

• Guardianship
• Parenting time
• Section 211 report
• Parent alienation
• Parenting coordinator
• Credibility findings

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