Canada Case Law

Mission Contractors Ltd. v. Murphy

Court

Supreme Court of British Columbia

Applicants failed to meet the heavy onus to show the actions were plainly and obviously abusive or that the president lacked authority; s.143 BCA and subsequent ratification, together with evidence that the president managed day-to-day operations and emergent circumstances (including directors authorizing account access), supported implied authority to commence litigation under Bajwa; corporate counsel was found to represent the company alone and not be conflicted in a disqualifying way, therefore the applications to strike and to remove counsel were dismissed.

Source excerpt

• Abuse of process
• Corporate neutrality/conflict of interest
• Derivative action
• Directors' fiduciary duties
• Misappropriation of corporate funds
• Stay/strike applications

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R. v. Puttonen

Court

Supreme Court of British Columbia

Although the conduct of Steele and Melville on January 6, 2026 displayed indifference and was calculated to delay and disrupt the proceeding, the judge exercised discretion not to convict for contempt after weighing mitigating factors—Crown's prior agreement to proceed on January 7, the subsequent stay of proceedings, a sincere apology by Steele, and the overall consequences—which collectively made a contempt conviction inappropriate in all the circumstances.

Source excerpt

• Contempt of court
• Adjournment applications
• Disclosure obligations
• Duty of counsel to the court
• Double-booking
• Jordan delay

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Turner-Lienaux v. Townsend

Court

Nova Scotia Court of Appeal

The appeal is dismissed because the Application in Court was an improper collateral attack and abuse of process that should have been challenged by appeal or judicial review, the pleadings failed to disclose a viable cause of action against the respondent (fraud on the court and alleged professional misconduct are not standalone causes against a party who was not a party to the original proceeding), and counsel's conduct met the high threshold warranting a personal costs award against him.

Source excerpt

• Abuse of process
• Collateral attack
• Fraud on the court
• Misfeasance in public office
• License suspension under motor vehicle act
• Judicial review

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Suchy v. Suchy

Court

Supreme Court of British Columbia

Court found a binding oral agreement: Diane provided $90,000 to Darcy to construct an apartment; Diane had a contractual right to occupy rent-free until death or voluntarily leaving. Darcy breached by preventing her return and permitting others to occupy. Damages for loss of accommodation from June 2018 to judgment were awarded ($65,100). Claims for alleged $250,000 insurance and most other claims dismissed. Allen owed a duty of care to Diane and breached professional standards, but Diane failed to prove Allen's breach caused her loss, so claim against him was dismissed.

Source excerpt

• Deed of gift
• Oral agreement and occupancy rights
• Breach of contract remedies (damages v specific performance)
• Duty of care of solicitor to non-client
• Professional conduct (bc code)
• Certificate of pending litigation

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R. v. Fox

Court

Supreme Court of Canada

The Supreme Court held that a lawyer accused of crime may invoke the innocence at stake exception to seek access to client privilege, and excluded the wiretap evidence under s. 24(2).

• Solicitor-client privilege
• Innocence at stake exception
• Charter s.8 search and seizure
• Charter s.24(2) exclusion of evidence
• Wiretap authorizations
• Obstruction of justice

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Courchesne v. McComb Witten Marcoux

Court

Supreme Court of British Columbia

Given the inclusive statutory definition of 'person charged' and the Transfer Agreement in which Derber Law agreed to indemnify/pay MWM from the client's contingency recovery, Derber Law has standing as a 'person charged' to seek an LPA s.70 review; the registrar has jurisdiction to consider and, as necessary, interpret the Transfer Agreement in the course of an LPA review; accordingly the dispute will proceed as a review under s.70 rather than being relegated to a separate contractual action.

Source excerpt

• Fee assessment
• Person charged definition
• Transfer agreements
• Jurisdiction of registrar

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Bains v. Barker

Court

British Columbia Court of Appeal

Where an adjudicator has instructed counsel and no demonstrable prejudice or conflict arising from counsel's representation of both the adjudicator and the Board is shown, the court will not remove counsel; whether the adjudicator acted in an official or private capacity is relevant to the merits but does not bar retention of counsel and the Board may participate when interests affecting it are at stake, and the subsequent challenge was res judicata.

Source excerpt

• Standing of counsel
• Conflict of interest
• Misfeasance in public office
• Default judgment
• Res judicata
• Judicial/adjudicator immunity

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Leduc v. Dufour

Court

Court of Appeal for Ontario

The Ontario Court of Appeal upheld the refusal to approve a contingency fee agreement, finding it was not entered into fairly given regulatory non-compliance and the client’s vulnerability.

• Contingency fee agreements
• Fairness of retainer
• Reasonableness of legal fees
• Litigation guardian protection
• Court approval of settlement
• Contingency-fee-agreements

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D.N. v. J.M.M.

Court

Supreme Court of British Columbia

The court granted counsel’s application to withdraw as solicitor of record shortly before trial, accepting that undisclosable ethical reasons required withdrawal.

• Withdrawal of counsel
• Solicitor-client privilege
• Adjournment
• Ethical obligations of counsel
• Withdrawal-of-counsel
• Solicitor-client-privilege

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Crazy Greek Chick Food Limited v. Chakroborty

Court

British Columbia Court of Appeal

La Corte de Apelación ordenó que la prueba nueva y la moción para suprimir partes del factum se oigan antes de la apelación; no remitió la cuestión de maintenance.

• Set-aside of default judgment
• Fresh evidence on appeal
• Maintenance (abuse of process)
• Striking portions of a factum
• Summary determination under s.21 court of appeal act
• Fresh-evidence-on-appeal

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