Canada Case Law

B.A. v. J.F.

Court

Nova Scotia Court of Appeal

Motion dismissed because this Court lacks statutory authority under s.65.1 to stay the orders of other judges that simply dismissed the appeal, and alternatively the applicant failed the RJR‑MacDonald stay test: the appeal lacked a serious prospect of success (adopting Justice Derrick's detailed reasons), the applicant did not demonstrate irreparable harm (no enforcement steps shown and assertions unsupported), and therefore the balance of convenience did not favor a stay.

Source excerpt

• Stay of execution
• Leave to appeal to supreme court of canada
• Dismissal for failure to perfect appeal
• Rjr‑macdonald stay test (serious issue, irreparable harm, balance of convenience)
• Ineffective assistance of counsel (allegation)
• Damages and costs

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Axion Ventures Inc. v. Bonner

Court

Supreme Court of British Columbia

The court found NextPlay beneficially owned the disputed Axion shares and ordered cancellation of those shares, requiring Axion to post C$250,000 security as a contempt sanction.

• Contempt sanctions
• Posting security
• Sequestration of assets
• Share cancellation
• Beneficial ownership of shares
• Valuation of securities

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O’Bomsawin v. Abenakis of Odanak Council

Court

Canadian Human Rights Tribunal

The Tribunal applied Rule 9(12) and concluded the Bank of Canada's published monthly bank rate is annualized and must be divided by 12 to obtain the monthly rate; the Respondent's monthly simple interest calculation on the outstanding capital producing $2,249.52 was correct, and the Tribunal denied the Complainant's alternative methods (multiplying by 12, using Quebec legal rate, or awarding compound interest) and held the earlier order remains final.

Source excerpt

• Family status discrimination
• Interest calculation under statutory award
• Tribunal procedure
• Functus officio

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