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Canada Case Law

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Civil procedure 2008 BCCA 346

Honour v. Canada (Attorney General)

Leave to appeal was refused from a discovery order requiring forensic analysis of a deceased plaintiff's home computer hard drive in complex helicopter-crash litigation.

  • Forensic examination of hard drive
  • Scope of e-discovery
  • Solicitor-client privilege
  • Case management discretion
  • Leave to appeal standards
  • Proportionality in discovery
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Civil procedure 2006 BCSC 1983

McIndoe v. Henry

The court dismissed a wrongful-death action as statute-barred, holding the plaintiffs had the necessary facts by the end of the inquest and that waiting for criminal proceedings was tactical.

  • Statute of limitations
  • Postponement under s.6(4) limitation act
  • Burden of proof for postponement
  • Effect of inquest and prosecutorial decision on limitation
  • Statute-of-limitations
  • Wrongful-death
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Infants law 2006 BCSC 1762

Andrist & Others v. Mason

The court refused to approve an infant settlement structured to pay benefits after majority, finding it was not shown to be in the child’s best interests.

  • Approval of infant settlement
  • Structured settlement after majority
  • Allocation of indivisible expenditures
  • Public guardian and trustee objections
  • Loss of dependency
  • Household services
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Civil procedure 2004 BCSC 971

Khela v. Sidhu et al.

The court ordered production of a discovery transcript from a related prior action, finding it may lead to a train of inquiry relevant to the wrongful death claim.

  • Document production
  • Examination for discovery transcripts
  • Related proceedings
  • Rule 26(1) and rule 27(25) applications
  • Use and admissibility of prior testimony
  • Civil-procedure
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Municipal law (1917) 55 SCR 628

City of Regina v. Western Trust Co.

Appeal dismissed; the Supreme Court of Canada upheld compensation under Saskatchewan’s Workmen’s Compensation Act after abandonment of the common law appeal.

  • Statutory interpretation
  • Procedure - abandonment of appeal
  • Compensation assessment
  • Definition of 'railway' under statute
  • Municipal-law
  • Workers-compensation
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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.