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Contract law 2025 BCSC 1942

Talius Group Inc. v. Portlan Inc.

The court refused proposed amendments adding inducing-breach and veil-piercing claims, and struck those pleadings for lack of material facts, while allowing a future properly pleaded inducement application.

  • Inducing breach of contract
  • Piercing the corporate veil
  • Striking pleadings (r.9‑5)
  • Amendment of pleadings (r.6‑1)
  • Rule in said v. butt
  • Pleadings sufficiency
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Mortgage law 2025 BCSC 1726

Five Peaks Capital Ltd. v. Global City Properties (Cottonwood) Ltd.

La Cour a déclaré nulle la clause d’intérêt majoré de 22 % sous le régime de l’Interest Act, mais a maintenu valide le renouvellement à 12,7 %.

  • Interest act s.8
  • Default interest clause
  • Renewal vs variation
  • Economic duress
  • Enforceability of renewal agreement
  • Interest-act-s-8
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Administrative law 2025 FC 342

Atwood v. Canada (Attorney General)

Judicial review of an RCMP grievance decision was granted because the adjudicator unreasonably applied precedent and misread the Depressed Market Benefit rules.

  • Judicial review
  • Reasonableness standard
  • Misrepresentation
  • Retroactivity of judicial decisions
  • Policy interpretation
  • Remission for re-determination
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Civil forfeiture 2025 BCCA 1

Pannu v. British Columbia (Director of Civil Forfeiture)

The British Columbia Court of Appeal dismissed an appeal challenging an interim preservation order made without an undertaking as to damages against the Director of Civil Forfeiture.

  • Interim preservation orders
  • Undertaking as to damages
  • Statutory immunity
  • Balance of convenience
  • Interpretation of civil forfeiture act s.9 and s.69
  • Civil-forfeiture
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Corporations law 2023 BCCA 410

1264777 B.C. Ltd. v. 0694813 B.C. Ltd.

Appeal dismissed in a foreclosure and fraud dispute involving alleged improper corporate registry changes and mortgages granted under the Business Corporations Act.

  • Indoor management rule
  • Business corporations act s.146(2)
  • Actual knowledge
  • Constructive knowledge
  • Fraud
  • Foreclosure
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Immigration 2023 FC 735

Charles v. Canada (Public Safety and Emergency Preparedness)

The Federal Court declined to hear an urgent stay motion to stop removal, finding the motion was filed too late and the applicant did not meet the stay test.

  • Stay of removal
  • Deferral of removal
  • Urgency and delay
  • Standard of review
  • Irreparable harm
  • Balance of convenience
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Aboriginal law 2019 FC 1116

Ahousaht First Nation v. Canada (Fisheries, Oceans and Coast Guard)

The Federal Court dismissed the Five Nations’ motion for an interlocutory injunction over AABM Chinook allocations, finding no irreparable harm and that the balance of convenience favoured Canada.

  • Interlocutory injunction
  • Mandamus
  • Allocation of fishery resources
  • Duty to consult
  • Aboriginal commercial fishing rights
  • Pacific salmon treaty / tac
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Insolvency/ccaa 2019 ONCA 525

SFC Litigation Trust v. Chan

The Court of Appeal dismissed the appeal and affirmed the trial judgment: the Plan transferred SFC's corporate causes of action to the Litigation Trust so the respondent could sue the appellant; the trial judge did not err in finding causation and in measuring SFC's loss using the accepted expert methodology (net cash raised less realizations), including awarding compensatory and punitive damages; election and double-recovery arguments failed as a matter of law and fact; and the trial judge's evidentiary findings were supported by the record and entitled to deference.

  • Ccaa plan interpretation
  • Transfer of causes of action
  • Causation and measurement of damages
  • Election/approbation and reprobation
  • Double recovery doctrine
  • Punitive damages
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Strata law 2018 BCSC 2185

The Owners, Strata Plan LMS 1590 v. Yip

A commercial strata dispute over Unit 1690 turned on whether selling non-ginseng products breached the approved use. The court found a breach, rejected estoppel and unfairness, and granted declarations.

  • Bylaw enforcement
  • Change of use
  • Restraint of trade
  • Estoppel
  • Significant unfairness (s.164)
  • Injunctive relief
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Corporate law 2018 BCSC 1482

5551928 Manitoba Ltd. (Re)

The court ordered rectification of a directors’ resolution after accountants misstated the available capital dividend account, concluding the resolution failed to record the parties’ true agreement.

  • Rectification
  • Capital dividend account
  • Capital dividend election under s.83(2)
  • Equitable rescission
  • Tax assessment
  • Alternative remedies
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