Canada Case Law

Qi v. Liu

Court

British Columbia Court of Appeal

The chambers judge correctly concluded the Interim Order unambiguously prohibited both partial and total obstructions of the easement; any reliance on the registered Easement to interpret the order was an error of principle but immaterial because the order alone made the obligation clear; and there was no error in not exercising residual discretion because the appellants did not ask the judge to do so, so the contempt finding stands.

Source excerpt

• Interim order interpretation
• Four corners rule
• Residual judicial discretion
• Standard of review
• Parking and obstruction of easement

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Chan v. Vintila

Court

Supreme Court of British Columbia

Application dismissed because petitioner sought mandatory relief but failed to show a strong prima facie case on the merits; petitioner established only a modest risk of irreparable reputational harm on an uncertain evidentiary basis; and the balance of convenience favoured respondent because granting the injunction would certainly destroy an ongoing profitable business, alter the status quo, and impose significant financial harm while the merits (including enforceability of the written partnership clauses) were not sufficiently in petitioner's favour.

Source excerpt

• Dissolution of partnership
• Interlocutory mandatory injunction
• Irreparable harm
• Balance of convenience
• Interpretation and enforceability of written partnership agreement
• Ownership of digital content and accounts

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The Owners, Strata Plan BCS 3495 v. The Owners, Strata Plan BCS 3495 (Residential Section)

Court

British Columbia Court of Appeal

The applications for leave to appeal were dismissed: the directions to adjourn did not determine procedural or substantive rights and were therefore largely non‑appealable; even if appealable, leave would be refused because the chambers judge acted within his broad discretion, the applicant's grounds lacked merit and were frivolous (including unsupported bias claims), an appeal would unduly delay the underlying petition, and this Court lacked jurisdiction to decide an application that was not substantively determined by the court below.

Source excerpt

• Adjournment
• Leave to appeal
• Mootness
• Reasonable apprehension of bias
• Case management
• Stay pending appeal

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Aquino (Re)

Court

Court of Appeal for Ontario

The Court of Appeal upheld John Aquino’s bankruptcy and continued a Mareva injunction, holding both orders appealable as of right and finding no reversible error.

• Appealability of bankruptcy order
• Mareva injunction continuation post-judgment
• Discretionary dismissal or stay of bankruptcy application
• Transfers at undervalue
• Court officer authority
• Bankruptcy-appeal

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Norris v. Krief

Court

Supreme Court of British Columbia

The notice of application for summary trial was dismissed because the court could not, on the affidavit evidence before it, find the necessary facts to decide key issues justly: (1) there is a genuine conflict of material fact about the safety of the Easement Road and the plaintiff's proposed use that cannot be resolved summarily; (2) the Water Well claim is intertwined with an alleged assumption agreement and discharge under s.35 Property Law Act such that terms cannot be determined on this record; and (3) deciding the easement issues in isolation would impermissibly litigate the dispute in…

Source excerpt

• Interpretation of easement instruments
• Ancillary rights to easements
• Substantial interference/trespass
• Suitability for summary trial
• Interlocutory injunction
• Water easement and discharge (s.35 property law act)

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Bilomba Inc. (Fully Promoted Canada) v. Barrett

Court

Supreme Court of Nova Scotia

The court found beyond a reasonable doubt that paragraph 1 was clear and that John (Jack) Barrett and Creative Cresting intentionally carried on the Creative Cresting business within the prohibited radius (breaching paragraph 1) and that they intentionally failed to return the client list required by paragraph 4 (admissions and evidence demonstrated disposal of the list); other alleged breaches (phone numbers, Google Business Page, client artwork) were not proven beyond a reasonable doubt and Aaron Barrett was not bound by paragraph 1 nor proven in contempt; the court exercised its discretion…

Source excerpt

• Interlocutory injunction
• Non-competition covenant
• Return of proprietary materials
• Client list
• Phone number transfer
• Google business page

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Neubauer v. McCarthy

Court

British Columbia Court of Appeal

Leave was not required for the appeal of the chambers judge's order dismissing the application to remove the executor; leave was required to appeal the dismissal of the injunction application but was denied because the Goldman factors and interests of justice did not favour granting leave (the judge's factual findings were supported by evidence, the balance of convenience favoured allowing the sale, and the appeal of the injunction had no reasonable chance of success); the appellant was granted a no fee order for the appeal; costs awarded to the respondent.

Source excerpt

• Executor removal
• Wills variation act claim
• Injunction to restrain estate sale
• Leave to appeal criteria
• No fee order

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Harder v. InCor Holdings Limited

Court

Supreme Court of British Columbia

The court struck the responses of three defendants for chronic non-compliance and entered judgment on pleaded fraud, loan, investment, and enrichment claims.

• Strike response to civil claim
• Summary judgment / summary trial
• Mareva injunction and ancillary disclosure
• Fraudulent misrepresentation
• Negligent misrepresentation
• Unjust enrichment

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Sirois v. Richer

Court

Supreme Court of British Columbia

The court dismissed an application for an interim injunction preventing use of Thai immigration records in French proceedings, finding no strong prima facie case or irreparable harm.

• Interim injunction
• Mandatory injunction
• Rjr-macdonald test
• In personam jurisdiction
• Privacy tort
• Comity

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Benuva Stiftung v. Abadian

Court

Supreme Court of British Columbia

The court refused to postpone discovery to March 2026, ordered the defendant to attend by January 30, 2026, and awarded costs to the plaintiff.

• Examination for discovery
• Adjournment
• Mareva injunction
• Medical incapacity as excuse
• Sanctions for non-attendance
• Summary judgment

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