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Canada Case Law

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Civil procedure 2024 BCSC 943

Abdiannia v. Kishimoto

Application granted to add Sandra Abdiannia as a plaintiff and a corporate defendant in a restaurant dispute; any limitation defence is preserved for trial.

  • Adding parties
  • Limitation periods
  • Amendment of pleadings
  • Settlement acceptance
  • Preservation of defences
  • Adding-parties
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Limitations 2022 BCSC 1022

Ali v. Ali

The court dismissed a Rule 9-7 application for summary trial on a limitation defence, finding the issue depended on credibility and contextual facts.

  • Discoverability
  • Limitation act s.12 (fraud/trust claims)
  • Summary trial suitability (rule 9-7)
  • Settlement privilege/mediation materials
  • Credibility assessment
  • Interrelation of limitation defence and merits
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Civil procedure 2017 BCSC 1121

Gadhri v. 0760815 B.C. Ltd.

The court extended a prior special costs order, required the Gadhris to post $300,000 security for special costs, and dismissed a premature accounting cross-application.

  • Special costs
  • Security for costs
  • Assessment of costs
  • Final accounting
  • Service of materials
  • Special-costs
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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.