Canada Case Law

Stephen v. Baker

Court

Supreme Court of Nova Scotia

Given the hearing consumed somewhat less than two full days, the overlap in defendants' submissions, and that the summary judgment motion was not frivolous while the interim costs issue was discrete, the proper exercise of discretion is to award $3,000 to each Defendant (total $6,000) and to order those costs payable in any event of the cause at the conclusion of the proceedings rather than forthwith.

Source excerpt

• Costs awards
• Timing of costs
• Party-and-party costs
• Tariff c
• Rule 77
• Rule 70.08

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Wu v. Toronto (City)

Court

Court of Appeal for Ontario

The appeal is dismissed because it is frivolous and vexatious on its face under r.2.1: the amended notice of appeal advances unparticularized conspiracy allegations and untenable amendments and joinder requests, the motion judge correctly granted summary judgment and refused the amendments, and the appeal has no prospect of success.

Source excerpt

• Rule 2.1 dismissal
• Abuse of process
• Costs
• Frivolous and vexatious proceedings
• Motions to add parties

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Anani v. Sharawy

Court

Court of Appeal for Ontario

The panel dismissed the request because the appellant failed to identify any error of principle, failure to apply the applicable legal principles, or an unreasonable result by the motion judge; the motion judge reasonably enforced procedural rules requiring an issued and entered order and properly denied the dispense motion.

Source excerpt

• Panel review
• Issued and entered order
• Failure to follow court rules
• Standard of review for motions

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Bell v. Amini

Court

Court of Appeal for Ontario

A transcript of a summary judgment hearing held on a paper record with no witnesses is not "evidence" under Rule 61.09, so the 30-day perfection period applied; on the facts (timely notice of appeal, reasonable promptness in ordering a transcript, self-represented status, and no demonstrated prejudice) a peremptory extension of 30 days to June 12, 2023 was warranted conditional on perfecting by that date.

Source excerpt

• Extension of time
• Transcript requirement
• Perfecting appeal
• Self-represented litigant

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KVM Investments Limited v. Isabella

Court

Court of Appeal for Ontario

The Court of Appeal affirmed the motion judge's conclusion that the appellant's allegations lacked evidentiary support or did not amount to a legal defence, therefore summary judgment for the respondent was proper; the contractual indemnity for collection costs was enforceable and the costs order was upheld; leave to appeal the costs order was refused and the appeal was dismissed.

Source excerpt

• Loan agreement
• Interest
• Misrepresentation
• Conflict of interest
• Costs indemnity
• Summary judgment standard

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Waterton Global Resource Management, Inc. v. Bockhold

Court

Supreme Court of British Columbia

The court dismissed the Dawson defendants’ anti-SLAPP and Rule 9-6 applications in a defamation case, finding no evidence they made the expression and that summary dismissal was premature.

• Protection of public participation act s.4
• Supreme court civil rules rule 9-6
• Dismissal for no genuine issue
• Discovery and prematurity
• Costs
• Anti-slapp

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Pichelli v. Kegalj

Court

Court of Appeal for Ontario

The motion judge misapplied the Hryniak framework by narrowing the inquiry to pleadings and appellants' admissions, failing to assess the full record and conflicting evidence and not considering the use of summary judgment fact‑finding powers; because genuine issues of the respondent's role and benefit from the alleged fraudulent scheme exist, summary judgment was inappropriate and the dismissal was set aside.

Source excerpt

• Fraudulent misrepresentation
• Unjust enrichment
• Conversion
• Breach of fiduciary duty
• Summary judgment analysis
• Hryniak framework

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Wittman v. Blackbaud, Inc.

Court

Supreme Court of British Columbia

The court ordered an ICAA stay application to be heard before certification, but deferred jurisdiction and summary judgment applications to the certification hearing.

• Sequencing of pre-certification applications
• Stay under international commercial arbitration act
• Jurisdictional challenge
• Summary judgment threshold
• Interlocutory appeals risk
• Class-proceedings

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Hurst v. Hancock

Court

Court of Appeal for Ontario

Because the summary judgment was set aside and the underlying action was ordered to proceed, the Court of Appeal held that the costs of the summary judgment motion are to be payable in the cause of the action.

Source excerpt

• Costs in the cause
• Stay of costs pending appeal
• Summary judgment costs
• Intervenor appeal

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Central Disposal Services Limited v. Pardy's Waste Management and Industrial Services Limited

Court

Newfoundland and Labrador Court of Appeal

The written subcontract terminated on its express date (June 15, 2012); absent evidence or an express provision that an extension of the prime contract extended the subcontract, the subcontract was not extended, and a summary trial was appropriate because the affidavit evidence permitted necessary factual findings, so damages are limited to the contractual period with leave to assess a limited winding‑down period.

Source excerpt

• Termination of contract
• Breach of contract
• Contract interpretation
• Assessment of damages
• Suitability for summary trial

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