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Family law 2024 BCSC 1562

McDougall v. Ryan

Family trial addressing divorce, parenting, child support, and property division. The court granted the divorce, ordered shared parenting, awarded retroactive and prospective support, and dismissed the respondent’s property claim.

  • Guardianship and parental responsibilities
  • Parenting time allocation
  • Retroactive child support
  • Prospective child support
  • Imputed income
  • Division of family property
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Family law 2023 BCSC 1699

Zaffaroni v. Bekes

The court refused to sever a family trial over a separation agreement, ordered limited disclosure from related litigation, and granted additional discovery time.

  • Separation agreement enforceability
  • Non-disclosure/misrepresentation
  • Severance of issues
  • Discovery and document production
  • Without prejudice/settlement privilege exception
  • Further examination for discovery
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Tort law 2008 BCCA 352

Ashcroft v. Dhaliwal

The Court of Appeal held that settlement proceeds from a later tortfeasor had to be deducted from the global damages award to avoid double recovery.

  • Double recovery
  • Indivisible injury
  • Apportionment between tortfeasors
  • Devaluation approach (long v. thiessen)
  • Percentage method (pryor)
  • Settlement deduction
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Defamation 2006 BCSC 575

Robbins v. Pacific Newspaper Group Inc. et al.

In a defamation costs application, the court held that settlement-negotiation materials were protected by privilege and inadmissible. Reopening the judgment was also refused.

  • Apology admissibility
  • Without prejudice privilege
  • Evidentiary arrangement exception
  • Waiver of privilege
  • Libel and slander act s.11
  • Reopening judgment
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Civil procedure 2005 BCSC 1676

Crtrynbaum v. Gineaut Holdings et al.

The court ordered a defendant to re-attend discovery because privilege over alleged settlement discussions was not clearly established on the record.

  • Without prejudice privilege
  • Examination for discovery
  • Privilege over settlement negotiations
  • Admissibility of negotiation communications
  • Without-prejudice-privilege
  • Examination-for-discovery
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Employment law 2000 BCSC 389

Franklin v. B.C. Buildings Corp.

The court dismissed an application to strike a pleading that referred to a settlement-communication threat to allege cause, holding the issue went to evidence, not pleading.

  • Wrongful dismissal
  • Without prejudice communications
  • Pleading vs evidence
  • Abuse of process
  • Bad faith damages
  • Threats to allege cause
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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.