Canada Case Law

Choi v. Slopinski

Court

British Columbia Court of Appeal

The single justice did not err in law or principle in dismissing the applications; the matters were discretionary case management decisions unsuitable for appellate interference, the proposed appeal lacked merit and was rendered pointless by the subsequent dismissal of the underlying action, therefore the application to vary is dismissed.

Source excerpt

• Case management sequencing
• Stay of proceedings
• Leave to appeal
• Extension of time
• Frivolous proceedings
• Procedural accommodation

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Shepherd v. Nelson

Court

British Columbia Court of Appeal

The trial judge did not err in principle in refusing the adjournment because the appellant failed to file an application or supporting evidence despite clear prior directions, the judge considered the interests of justice and both parties including prejudice from delay, and the decision falls within the proper exercise of judicial discretion deserving appellate deference.

Source excerpt

• Adjournment of trial
• Self‑represented litigant
• Case management
• Prejudice from delay
• Proceeding in absence of party

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British Columbia (Attorney General) v. Stronks

Court

Supreme Court of British Columbia

The court granted an injunction limiting Wayne Kelly Stronks’s correspondence with the Smithers Registry, while preserving his ability to file documents by permitted methods.

• Injunction
• Parens patriae
• Public nuisance
• Restrictions on communications with court registry
• Self-represented litigant conduct
• Public-nuisance

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HealthHub Patient Engagement Solutions Inc. (Re)

Court

Supreme Court of Nova Scotia

Registrar granted an extension under s.50.4(9) BIA finding HealthHub acted in good faith, a viable proposal was likely, and no material prejudice to creditors; refused to grant an administrative charge under s.64.2 for lack of adequate notice to affected secured/public creditors and uncertainty as to security; approved DIP financing under s.50.6(1) only after objectionable exclusivity provisions were removed and the order was amended to require the Proposal Trustee to undertake reasonable marketing and evaluation efforts; declined to accept sealing or confidentiality absent a proper Rule 85 a…

Source excerpt

• Debtor-in-possession financing
• Administrative charge
• Extension of time under s.50.4(9) bia
• Sealing orders and open court principle
• Jurisdiction of registrar
• Exclusivity clauses in sale processes

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Knight v. British Columbia (Public Safety)

Court

British Columbia Court of Appeal

Appeal from interlocutory case-management orders was summarily dismissed as frivolous and vexatious under s. 21 of the Court of Appeal Act.

• Interlocutory orders
• Summary dismissal
• Vexatious litigation
• Transcripts and dars access
• Costs and fees
• Summary-dismissal

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Lloyd's Register Canada Ltd. v. Choi

Court

Federal Court

The Federal Court removed the respondent’s Motion Record for abusive content and undeclared AI use, and awarded the applicant $500 in costs.

• Scandalous or frivolous filings
• Ai-generated content and hallucinated authorities
• Sanctions for abuse of process
• Disclosure obligations regarding ai
• Removal of documents from court file
• Abuse-of-process

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Parihar v. Royal Bank of Canada

Court

British Columbia Court of Appeal

The Court of Appeal dismissed Mohit Parihar’s request to vary an earlier order, upheld dismissal of his appeal filing as abandoned, and declared him a vexatious litigant.

• Order nisi
• Leave to appeal
• Extension of time
• Abuse of process
• Vexatious litigant order
• Conduct of sale

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In the matter of Screening Proceedings Charles Bryfogle Seeks to Initiate

Court

Supreme Court of British Columbia

The Supreme Court of British Columbia dismissed R.C. Bryfogle’s request to initiate 14 direct indictments and mandamus relief, finding the proposed proceedings abusive and unwarranted.

• Vexatious litigant
• Direct indictment s.577(b)
• Mandamus
• Prosecutorial discretion
• Abuse of process
• Vexatious-litigant

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R. v. Evong

Court

Supreme Court of Nova Scotia

Although s.669.3 gives a judge appointed to another court authority to continue to preside, that continuation is not mandatory; a judge may divest jurisdiction under s.669.2(1) or by inherent jurisdiction where, as here, the judge's appointment to the Court of Appeal combined with the indeterminate, expanding and potentially lengthy nature of the remaining sentencing proceedings means the judge is unable to continue without unduly encroaching on appellate duties.

Source excerpt

• Criminal code s.669.1-669.3
• Continuation of proceedings after judicial appointment
• Recusal/divestiture of jurisdiction
• Sentencing procedure
• Judicial scheduling

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Martin v. Riley

Court

British Columbia Court of Appeal

The Court of Appeal dismissed Maria Martin’s application to vary a chambers order refusing more time to appeal, finding the proposed appeal lacked merit and was duplicative.

• Extension of time to appeal
• Duplication of proceedings
• Authentication of court orders
• Vexatious litigant declaration
• Electronic signatures and court registry practice
• Dismissal for lack of merit

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