Canada Case Law

Axion Ventures Inc. v. Bonner

Court

Supreme Court of British Columbia

The application to disqualify WT was dismissed because the evidence did not establish wilful blindness or intentional misleading of the court, lead counsel was not shown to be a likely material witness at this stage, and there is no private duty owed by counsel to opposing parties; removal mid‑trial would unjustifiably deprive Axion of its choice of counsel and delay the trial. Disqualification may be revisited if new evidence shows counsel will give material testimony or the court was misled.

Source excerpt

• Counsel disqualification
• Wilful blindness
• Document production
• Duty to the court
• Counsel as witness
• Spoliation

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Turgut v. Canada (Citizenship and Immigration)

Court

Federal Court

The Federal Court dismissed Huseyin Turgut’s judicial review, finding the RAD reasonably rejected ineffective-assistance allegations and refused to admit a late arrest warrant.

• Procedural fairness
• Ineffective assistance of counsel
• Admission of new evidence
• Internal flight alternative
• Use of ai in court filings
• Procedural-fairness

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Fraser v. MacIntosh-Wiseman

Court

Supreme Court of Nova Scotia

Applying Rule 39.04(2) the court conducted a line-by-line admissibility review: it struck affidavit material that was irrelevant, conclusory legal submissions, post-decision communications, unsupported hearsay and pejorative labels (e.g. 'uncivil','reprehensible','unprofessional') while admitting factual first‑hand accounts, contemporaneous litigation communications with counsel and evidence that bore a clear connection to costs; the court held that extrajudicial conduct can be admissible for costs only where there is a clear and compelling connection to the twin objectives of costs (indemnif…

Source excerpt

• Summary judgment
• Affidavit admissibility
• Incivility and costs
• Hearsay and principled exception
• Lay opinion
• Solicitor and client costs

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Lozada Gomez v. Canada (Citizenship and Immigration)

Court

Federal Court

The Federal Court set aside IRCC’s refusal to redetermine a permanent residence H&C application, finding a breached settlement, unreasonableness, procedural unfairness, and awarding $10,000 costs.

• Humanitarian and compassionate applications
• Judicial review
• Settlement enforcement
• Procedural fairness
• Costs
• Judicial-review

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Mamalilikulla First Nation v. Sewid

Court

Supreme Court of British Columbia

The court upheld a subpoena to plaintiffs’ counsel, finding he was a necessary witness on May 2016 events relevant to limitation issues, and found no abuse of process.

• Subpoena
• Disqualification of counsel
• Notice to call adverse witness
• Solicitor-client privilege
• Limitation/discoverability
• Abuse of process

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Chesnais v. Canada (Attorney General)

Court

Federal Court

Judicial review was allowed because the IRB Chairperson’s screening decision about a member complaint was not responsively justified and lacked a rational chain of analysis.

• Adjudicative independence
• Member conduct complaints
• Adequacy of reasons
• Procedural fairness
• Vavilov responsive reasons
• Judicial-review

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Gesner v. Canadian Imperial Bank of Commerce

Court

Supreme Court of British Columbia

The Court refused to set aside a settlement and consent dismissal order, found CIBC complied with the credit-reporting terms, and awarded special costs to the defendants.

• Settlement agreement
• Consent dismissal
• Rescission
• Duress and coercion
• Special costs
• Vexatious litigant

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Popove Estate (Re)

Court

Supreme Court of British Columbia

The court awarded special costs after finding the self-represented applicant made unfounded allegations of fraud and dishonesty against estate parties and counsel.

• Special costs
• Probate administration
• Unfounded allegations of fraud
• Self-represented litigant conduct
• Solicitor-client relationship
• Special-costs

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Qualizza v. Canada

Court

Federal Court of Appeal

The Notice was filed by counsel who was counsel of record and included Mr. Lolacher as a named appellant; counsel lacked authorization to discontinue his appeal unilaterally, so the Court set aside the partial notice of discontinuance, restored Mr. Lolacher as an appellant, and awarded him costs in a modest sum because the Notice should not have been filed and the motion should not have been opposed.

Source excerpt

• Discontinuance
• Standing
• Costs
• Solicitor-client relationship and authority
• Privilege

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Turner-Lienaux v. Townsend

Court

Supreme Court of Nova Scotia

The Application was struck because it constituted a vexatious collateral attack on Norton J.'s prior decision and therefore an abuse of process; alternatively the Notice of Application disclosed no reasonable cause of action (fraud on the court not established and professional misconduct allegations did not create a private cause of action); alternatively the claim was statute-barred by the Limitation of Actions Act. Summary judgment on the pleadings was granted for these reasons.

Source excerpt

• Abuse of process
• Fraud on the court
• Summary judgment on pleadings
• Motion to strike pleadings
• Administrative suspension under motor vehicle act
• Limitation period

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