Canada Case Law

Ramrup v. Rayner

Court

British Columbia Court of Appeal

The Court of Appeal held the chambers judge did not err in exercising his discretion to convert the action to a class proceeding or in granting leave to amend the NOCC; however it was premature and an error in principle to fix the commencement date for tolling under s.38.1 of the CPA at the conversion stage without a fuller record, so the order selecting October 3, 2022 was vacated and the respondent was granted leave to file a second further amended notice of civil claim.

Source excerpt

• Conversion to class proceeding
• Certification
• Limitation period tolling
• Amendment of pleadings
• Judicial discretion

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Humphrey v. B.L. Resort Ltd.

Court

Supreme Court of British Columbia

The ANOCC is overly verbose and improperly pleads evidence, rendering it embarrassing or scandalous under R.9-5(1)(b) and (c); however, because the attribution principle articulated in Scott v. Golden Oaks introduces context‑dependent discretion as to imputing a directing mind's knowledge to a corporation, it is not plain and obvious that H6's claims are statute‑barred and therefore those claims cannot be dismissed under R.9-5(1)(a); the appropriate remedy is to stay the action and require the plaintiffs (Mr. Humphrey and H6) to file a further amended notice of civil claim that complies with…

Source excerpt

• Rule 9-5 striking pleadings
• Pleadings content r.3-1 and r.3-7
• Innuendo in defamation r.3-7(21)(a)
• Limitation act discoverability and suspension
• Attribution of knowledge to corporations (scott v. golden oaks)

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The Owners, Strat Plan EPS 677 v. ASPAC Developments Ltd.

Court

Supreme Court of British Columbia

The British Columbia Supreme Court dismissed Dow Silicones’ appeal from an order refusing to strike Cascade Aqua-Tech’s amended third party notice.

• Strike application
• Third party notice
• Pleadings adequacy
• Negligence
• Breach of contract
• Sale of goods act

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Harrison v. Rayner Estate

Court

Supreme Court of British Columbia

The court dismissed a request to adduce similar fact evidence from five former students, finding the alleged similarities were too generic. Leave to amend the pleadings was granted in part.

• Similar fact evidence
• Propensity evidence
• Admissibility
• Amendment of pleadings
• Punitive damages
• Direct negligence

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Krishan v. Gus

Court

Supreme Court of British Columbia

The court dismissed the defendant’s application to strike a defamation claim, holding the pleaded words, occasion, and recipients were enough to meet the defamation pleading standard.

• Strike pleadings
• Reasonable cause of action
• Heightened pleading standard for defamation
• Costs
• Defamation
• Civil-procedure

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Afridi v. College of Physicians and Surgeons of British Columbia

Court

Supreme Court of British Columbia

The court denied leave to file a second amended claim and struck the action without leave, finding the pleading prolix, confusing, time-barred in part, and an abuse of process.

• Amendment of pleadings
• Striking pleadings
• Abuse of process
• Statutory immunity
• Vicarious liability
• Constructive dismissal

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Baldwin v. 0772835 B.C. Ltd.

Court

Supreme Court of British Columbia

The court granted an unopposed application to amend the notice of civil claim, accepting a revised proposed first further amended pleading for the eight remaining plaintiffs.

• Amendment of pleadings
• Unopposed application
• Discontinuance of party
• Form of pleadings
• Amendment-of-pleadings
• Unopposed-application

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Salloum v. Oyen Wiggs Green and Mutala LLP

Court

Supreme Court of British Columbia

Supplemental reasons correcting clerical errors, extending pleadings deadlines, and setting the process for entering the order in a civil amendment dispute.

• Leave to amend
• Timelines for pleadings
• Clerical corrections
• Costs submissions
• Order entry process
• Civil-procedure

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Dyck v. Wainbee Limited Wainbee Limitee

Court

Supreme Court of British Columbia

The court struck several pleading paragraphs in a wrongful dismissal case for lacking material facts, but granted leave to amend and ordered each side to bear its own costs.

• Wrongful dismissal
• Aggravated damages
• Strike pleadings (rule 9-5)
• Leave to amend
• Bad faith dismissal
• Material facts vs evidence

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Galloway v. A.B.

Court

Supreme Court of British Columbia

The court granted leave to file a second amended notice of civil claim in this defamation action, holding paragraph 37 was not a binding admission and that key claims could remain pleaded.

• Amendment of pleadings
• Withdrawal of admissions
• Discoverability
• Statute of limitations
• Common design liability
• Pppa applications

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