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Canada Case Law

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Family law 2024 BCSC 2033

Barnes-Morrison v. Kolias

Interim spousal support was continued in a contested family law case, with the court finding a marriage-like relationship and a reasonable prospect of setting aside a support waiver.

  • Interim spousal support
  • Marriage-like relationship
  • Enforceability of spousal support waiver
  • Financial disclosure and document production
  • Guideline income determination
  • Imputation of income
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Family law 2024 BCSC 1760

Bains v. Bains

Trial judgment in a family dispute resolving divorce, support, property division, Nevada properties, the Manor House, the Surrey home, and related debts.

  • Excluded property
  • Income imputation
  • Section 7 expenses
  • Fla s.84-95
  • Quitclaim deeds
  • Foreign property (nevada)
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International commercial arbitration 2023 BCSC 1323

Fotmer v. Tilray

The court appointed a sole arbitrator under the ICAA, holding the arbitrator must be non-Canadian, need not have BC-law expertise, and must meet the parties’ agreed qualifications.

  • Appointment of arbitrator
  • Neutral nationality
  • Independence and impartiality
  • Place of business
  • Governing law (bc)
  • Icaa s.11
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Contract law 2022 BCSC 2280

Lambda Solutions Inc. v. Moodle Pty. Ltd.

The court held the Moodle directory was discretionary, not obligatory, and dismissed Lambda’s claims in promissory estoppel, negligent misrepresentation, and choice of law.

  • Moodle directory listing
  • Plugin submission and review
  • Partner agreement
  • Forum selection clause
  • Damages and injunctions
  • Costs
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Family law 2020 BCSC 794

Hopson v. Hannon

The court found the parties were spouses under the Family Law Act, applied British Columbia law, treated disputed assets as family property, and ordered equal division. Spousal support was dismissed.

  • Common-law spouse
  • Excluded property
  • Proper law of the relationship
  • Significant unfairness
  • Imputed income
  • Credibility findings
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Private international law 2018 SCC 28

Haaretz.com v. Goldhar

The Supreme Court of Canada confirmed Ontario had jurisdiction over an internet defamation claim, but stayed the action because Israel was the clearer forum.

  • Situs of tort
  • Real and substantial connection
  • Presumptive connecting factors
  • Rebuttal of jurisdiction
  • Most substantial harm test
  • Lex loci delicti
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Family law 2014 BCSC 2106

Henry v. Newton

Summary trial in a family law case granted divorce, divided an Alberta teachers’ pension, held severance pay was not matrimonial property, and ordered spousal support.

  • Divorce
  • Division of extraprovincial pension
  • Severance pay characterization
  • Determination of separation date and joint accrual period
  • Review of spousal support
  • Health benefits entitlement
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Civil procedure 2014 SCC 1

Vivendi Canada Inc. v. Dell’Aniello

The Supreme Court of Canada held that Quebec’s class action commonality test does not require identical answers for all members, and upheld authorization.

  • Commonality requirement under art.1003(a) c.c.p.
  • Principle of proportionality (art.4.2 c.c.p.)
  • Authorization to institute class action
  • Vesting/crystallization of pension/benefit rights
  • Multi-jurisdictional class actions
  • Class-actions
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Private international law 2012 SCC 18

Éditions Écosociété Inc. v. Banro Corp.

La Cour suprême confirme la compétence de l’Ontario dans une action en diffamation liée au livre Noir Canada et refuse de suspendre l’instance pour forum non conveniens.

  • Jurisdiction
  • Real and substantial connection
  • Forum non conveniens
  • Lex loci delicti
  • Choice of law in defamation
  • Libel tourism
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Damages 2010 NSSC 399

Vogler v. Szendroi

The court corrected its prior calculation: exclude damages that represent future losses from pre-judgment interest accrual, apply the agreed 2.5% prejudgment interest rate to the reduced principal after 5% contributory negligence, resulting in a prejudgment interest award of $30,420.

  • Pecuniary damages
  • Future losses
  • Prejudgment interest rate
  • Discounting
  • Application of foreign law (wyoming)
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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.