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Canada Case Law

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Civil 2019 BCCA 69

WestCorp Solutions Ltd. v. Lancaster

Appeal dismissed as abandoned after the appellants failed to post court-ordered security within 90 days and offered no explanation or substantive grounds.

  • Breach of fiduciary duty
  • Security for judgment pending appeal
  • Dismissal for abandonment
  • Costs
  • Registration and enforcement of foreign judgments
  • Dismissal-for-abandonment
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Civil procedure 2001 BCCA 738

J.W. Price Construction Ltd. v. Elan Construction Ltd.

The Court of Appeal upheld a chambers stay order pending appeal, finding the cross-appeal was not bound to fail and the judge's security terms were a careful exercise of discretion.

  • Stay pending appeal
  • Balance of convenience
  • Irreparable harm
  • Threshold/bona fide arguable issue test
  • Security by cash and letter of credit
  • Costs
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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.