Canada Case Law

Portnov v. Alexander Holburn Beaudin + Lang LLP

Court

British Columbia Court of Appeal

The applicant failed to demonstrate that Justice Edelmann committed an error of law, principle, or misconceived the facts in applying the Davies factors; given the conceded tardiness of the applicant's intention to appeal, lack of notice to respondents, neutral prejudice, and that the underlying claim had been struck as meritless, it was not in the interests of justice to extend the time to appeal, so the variation application must be dismissed.

Source excerpt

• Extension of time to appeal
• Default judgment
• Service of process
• Strike under pleading rules

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Niescierowicz v. Brookes

Court

British Columbia Court of Appeal

The appeal was dismissed because the trial judge did not err in her jury instructions or in admitting the Alberta statement of claim for limited non‑truth purposes, the judge properly answered the jury's question directing them to consider the totality of the evidence and burden of proof, counsel's remarks did not warrant a mistrial and, critically, the jury's verdict on liability is supportable on a reasonable view of the evidence and therefore is owed deference.

Source excerpt

• Motor vehicle collisions
• Negligence
• Jury instructions
• Admission of documentary evidence
• Mistrial
• Perverse verdict

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Man Kin Ng (Re)

Court

Court of Appeal for Ontario

The Ontario Court of Appeal upheld a conditional bankruptcy discharge requiring about $13.6 million payment into the estate, finding no error in principle and dismissing the appeal.

• Discharge conditions
• Monetary condition for discharge
• Judicial discretion
• Costs
• Bankruptcy-discharge
• Appeal

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R. v. Singh

Court

British Columbia Court of Appeal

The trial judge properly considered the totality of undisputed and disputed evidence, applied the correct burden and standard of proof (reasonable doubt), gave adequate weight to both objective indicia and relevant subjective factors in characterizing the relationship, and did not make a material misapprehension or reverse the burden; accordingly the Crown proved beyond a reasonable doubt that the appellant occupied a position of authority and the conviction for sexual exploitation stands.

Source excerpt

• Sexual exploitation s.153
• Position of authority
• Reasonable doubt (w.(d.))
• Misapprehension of evidence
• Burden of proof
• Mistake of law vs mistake of fact

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A.C.P. v. S.M.P.

Court

Supreme Court of British Columbia

The appeal is allowed in part because the arbitrator erred in principle by conflating guardianship with parenting responsibilities and making an interim order removing guardianship without a s.51 application or exhausting less intrusive parenting-responsibility measures; however the arbitrator did not err in directing immediate commencement of REACH reunification therapy for the youngest child, in leaving specific parenting-time structure to REACH, in declining to appoint counsel for the older children, or in fixing modest costs, and the travel-notice regime and Parenting Coordinator's jurisd…

Source excerpt

• Guardianship
• Parenting responsibilities
• Reunification therapy
• Parenting time
• Parental alienation/resist-refuse
• Appointment of counsel for children

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1396929 Ontario Inc. v. Valladares

Court

Court of Appeal for Ontario

The Court of Appeal dismissed an appeal from summary judgment enforcing a second mortgage, finding no genuine issue for trial and lifting the stay.

• Summary judgment
• Possession
• Writ of possession
• Independent legal advice
• Undue influence
• Language barrier

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R. v. Lyons

Court

British Columbia Court of Appeal

The appeal is allowed and a new trial ordered because the trial judge erred as a matter of law by admitting and relying on pre-incident text messages containing evidence of other sexual activity and sexual disinterest without first holding the required voir dire under s.276 and the common law Seaboyer framework; the Crown conceded the error and did not establish harmlessness or invoke the curative proviso, so the conviction could not stand.

Source excerpt

• Sexual history evidence
• Voir dire
• S.276 criminal code
• Curative proviso s.686(1)(b)(iii)
• Prior consistent statements

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Kolias v. Barnes-Morrison

Court

British Columbia Court of Appeal

The Court granted the adjournment and extension because proceeding without the respondent's factum was not in the interests of justice given a bona fide explanation for delay and the unilateral setting of the hearing; it reinstated the jurisdictional appeal because it raised arguable issues and overlapped materially with the other appeal, and ordered the appeals heard together with scheduled filing deadlines and a one-day hearing on June 26, 2026.

Source excerpt

• Adjournment
• Extension of time
• Reinstatement of appeal
• Jurisdiction
• Costs
• Case management

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Wright v. Wright

Court

Court of Appeal for Ontario

The Ontario Court of Appeal set aside a lower court costs order and awarded the appellants all-inclusive partial indemnity costs for the application and appeal, payable within 60 days.

• Costs awards
• Partial indemnity costs
• Substantial indemnity
• Setting aside lower court costs order
• Timing of payment
• Costs-awards

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World Financial Solutions Inc. v. 2573138 Ontario Ltd.

Court

Court of Appeal for Ontario

The Court of Appeal for Ontario dismissed a motion to set aside a security for costs order, denied an extension of time, and awarded costs to the responding parties.

• Security for costs
• Extension of time
• Standard of review
• Dismissal for non-compliance
• Security-for-costs
• Extension-of-time

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