Canada Case Law

British Columbia (Director of Civil Forfeiture) v. Jin

Court

Supreme Court of British Columbia

The court exercised its discretion to treat Wei's appeal-proceeding evidence as a Rule 4-7 application, found on the balance of probabilities that the application materials did not come to Wei's attention, and accordingly set aside both the Strike Order and the Default Order under Rule 4-7(1) on terms (conditional relief) while granting an extension of time to appeal; the court limited the scope of the de novo appeal and refused to admit new evidence for issues that should have been raised by set-aside application but accepted and considered the Rule 4-7 material.

Source excerpt

• Service of process
• Default judgment
• Striking pleadings
• Extension of time to appeal
• Fresh evidence on appeal
• Rule 4-7 applications

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Kennedy v. Dubois

Court

Supreme Court of British Columbia

The court dismissed an interim spousal support claim and refused sole or shared interim possession of Fergus, leaving the dog with the claimant pending trial.

• Spousal support
• Companion animal possession
• Interim relief
• Admissibility of affidavits
• Form of jurat
• Spousal-support

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Sanaie v. Chen

Court

Supreme Court of British Columbia

The court dismissed the respondents’ request for special costs, but adjusted Scale B costs to reflect time wasted by late admissibility objections raised at the hearing.

• Derivative action
• Special costs
• Costs assessment
• Fiduciary duty
• Admissibility of affidavits
• Unjust enrichment

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Lamey v. Bennett

Court

Supreme Court of Nova Scotia

The Court held the Respondents' late-filed Notices of Objection and Rule 55.10 motions were not barred by res judicata or the prior adjournment because the adjournment and subsequent case management rendered the original finish date non-dispositive; the Court applied a narrow conformity approach to Rule 55.10 and conducted paragraph-by-paragraph rulings: certain affidavit paragraphs were struck as submissions or hearsay (para 33 and 72 struck; para 74 redacted; March 13 para 5 redacted; para 6 struck), and numerous paragraphs in the Boudreau expert report were ruled admissible or inadmissible…

Source excerpt

• Trespass
• Admissibility of affidavits
• Expert evidence admissibility
• Rule 55.10 conformity motions
• Hearsay
• Res judicata

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Canada (Attorney General) v. Kostic

Court

Federal Court

The Federal Court dismissed Ms. Kostic’s motion to strike Canada’s vexatious litigant application, refused her requests on affidavits and viva voce evidence, and awarded $5,000 costs.

• Vexatious litigant
• Motion to strike
• Choice of affiant
• Admissibility of affidavits
• Leave to adduce additional evidence (rule 312)
• Viva voce testimony (rule 316)

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Joyce v. Urbauer

Court

Supreme Court of British Columbia

The court redacted collaborative-process materials from a support variation application, admitted limited responsive affidavit evidence, and requested submissions on jurisdiction.

• Child support
• Spousal support
• Guideline income
• Collaborative divorce process
• Settlement privilege/confidentiality
• Admissibility of affidavits

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Canada (Attorney General) v. Kostic

Court

Federal Court

The Federal Court denied Ms. Kostic’s motion to stay a vexatious litigant application, finding no irreparable harm and that the balance of convenience favored Canada.

• Vexatious litigant
• Stay of proceedings
• Indemnity
• Costs
• Recusal
• Forum shopping

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D.R.S. v. D.A.S.

Court

Supreme Court of British Columbia

The court excluded a late affidavit, granted a conduct order restraining contact with a child, and dismissed a privilege-waiver application without prejudice.

• Protection order
• Conduct order
• Waiver of privilege
• Admissibility of affidavits
• Costs
• Family violence

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Marine Atlantic Inc. v. The King

Court

Tax Court of Canada

Given the Appellant's success on all issues and the Respondent's improper conduct — including prolonged refusal to adopt binding features of BC Ferries, filing the Shimizu Affidavit which amounted to a trial by ambush and caused wasted trial time and additional steps, and written submissions challenging the Court's factual findings — the Court exercised its discretion under Rule 147 to award enhanced costs equal to 60% of legal fees; all claimed disbursements were awarded and non-recoverable HST was awarded at 6.14% of fees plus disbursements, resulting in a lump sum award of $895,731.40.

Source excerpt

• Gst/hst input tax credits
• Part ix excise tax act
• Costs award and tariff departure
• Admissibility of affidavits
• Public service body rebate
• Allocation methodology for taxable/exempt supplies

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A.K.P. v. I.S.P.

Court

Supreme Court of British Columbia

Interim parenting orders were made in a family law dispute, with schooling decisions for A reserved to the father, grandparents not barred, and transitions moved to a public location.

• Parental responsibilities (s.41)
• Best interests of the child (s.37)
• Family violence assessment (s.38)
• Parenting time allocation
• Child schooling and enrollment
• Transitions and pick-up locations

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