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Canada Case Law

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Civil procedure 2008 BCSC 934

Vedan v. Stevens and Zabotel

The court held that a third party could assess costs under Rule 36(4) after a defendant discontinued its claim against it, and signed the certificate of costs.

  • Discontinuance
  • Third party costs
  • Rule 36(4)
  • Rule 36(5)
  • Costs assessment
  • Third-party-costs
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Class actions 2007 BCCA 547

James v. British Columbia

The court held that union members were bound by a prior representative action’s consent dismissal, but non-union members were not privies and could proceed.

  • Interpretation of rule 5(13)(a)
  • Enforceability of consent dismissal orders in representative actions
  • Privity
  • Cause of action estoppel vs issue estoppel
  • Discretion to permit relitigation
  • Certification under class proceedings act
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Civil procedure 2005 BCSC 1241

Keizer v Radovanovic

The registrar held that GST and PST could not be added to fixed costs awarded under Rule 66(29) absent an express rule authorizing tax.

  • Rule 66(29) fixed costs
  • Application of rule 57(8.1) to fixed costs
  • Whether gst/pst is payable on tariff amounts
  • Judicial authority to add tax absent specific rule
  • Costs
  • Taxation
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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.