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The court stayed proceedings after finding the defendants abused process by filing a response and counterclaim after a settlement had already ended the dispute.
Court dismissed a mistrial application in a murder trial, holding that brief remarks in the Crown’s opening about unrelated firearms could be cured by strict jury instructions.
The court held the second action was a duplicative proceeding and granted a stay until costs from the first action were taxed and paid, awarding Mr. Clark costs.
The court dismissed a mistrial application after CCTV testimony problems affected what the witness could see, finding no actual prejudice and curable unfairness.
The court awarded the plaintiff costs at Scale B up to April 17, 2018, and double costs afterward, after finding the settlement offer should reasonably have been accepted.
The court dismissed a shareholder oppression petition as an abuse of process, struck it under Rule 9-5(1), awarded special costs, and barred further proceedings without leave.
The Court of Appeal dismissed the appeal and held that the suspended declaration of invalidity for parts of B.C.’s ARP scheme applied prospectively, not retroactively.
Appeal allowed because the Federal Court judge declined to decide the merits and made no judicial finding that CBC had failed to comply with the OLA as required by s.77(4); absent such a finding the court could not grant remedies, so the Federal Court’s decision ordering a permanent stay and implying relief under s.77 was set aside and the application under s.77 was dismissed.
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The court granted the sealing order because, applying the Dagenais/Mentuck framework in the FOIPOP context, sealing specified portions of the affidavits and the records in dispute was necessary to prevent a serious risk to the proper administration of justice (protection of fair trial rights and ability to present a case) and the salutary effects of sealing outweighed the deleterious effects on open justice.
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The s.77 judicial remedy is confined to rights and duties under the specific parts and sections listed in s.77(1); s.41 (Part VII) is a declaratory policy commitment not a justiciable right; the Agency breached Part IV at the time of the original complaint but many deficiencies were later remedied so extensive operational remedies ordering restoration of positions were inappropriate; accordingly the Federal Court's finding that the complaint was justified is upheld but its operative remedies other than costs are overturned and the Agency ordered to pay costs.
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