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Canada Case Law

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Corporate law 2024 BCSC 1334

Smith v. Howse

The court cancelled CPLs against development properties because the pleadings did not tie the proprietary claims to those lands. It also found the CPLs caused financing hardship.

  • Oppression remedy
  • Constructive trust and tracing
  • Certificate of pending litigation removal
  • Referential property requirement
  • Hardship and inconvenience for cpl removal
  • Standing to prosecute corporate remedies
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Property law 2024 BCSC 420

Chohan v. Chohan

Trial judgment in a family property and corporate dispute over the Nursery Property dismissed both the claim and counterclaim, while confirming the existing corporate buyout process.

  • Express trust
  • Resulting trust
  • Constructive trust
  • Indefeasible title s.23 land title act
  • Oppression remedy
  • Remedies and buyout
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Family law 2023 BCSC 1642

Zaepernick v. Sayani et al

The court varied a family-law preservation order to permit the sale of Ocean Place, with net proceeds held in trust, and denied the claimant's rental request.

  • Preservation order (s.91 family law act)
  • Variation of interlocutory orders
  • Cohabitation agreement
  • Exclusive occupancy and rental of property
  • Certificates of pending litigation (cpl)
  • Trust of sale proceeds
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Contract law 2019 BCSC 2019

Subramaniam v. Gupta

The court dismissed Gadhri’s counterclaim for persistent non-compliance with trial-management orders, but did not strike his defence.

  • Dismissal for non-compliance with court orders
  • Certificate of pending litigation
  • Damages for malicious filing
  • Trial management and sanctions
  • Civil-procedure
  • Trial-management
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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.