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Canada Case Law

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Civil-procedure 2026 ONCA 239

Chijindu v. Rathod

The Court of Appeal dismissed an appeal as frivolous, vexatious, and abusive, finding it was a collateral attack on earlier orders and judgments.

  • Rule-2.1
  • Frivolous-and-vexatious-proceedings
  • Collateral-attack
  • Res-judicata
  • Security-for-costs
  • Abuse-of-process
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Civil-procedure 2026 ONCA 242

MacRae v. Cassan

The Court of Appeal granted an extension of time to appeal, finding the proposed appeal from a r. 2.1.01 dismissal raised arguable merit and was not plainly devoid of merit.

  • Extension-of-time-to-appeal
  • Abuse-of-process
  • Rules-of-civil-procedure-r.2.1.01
  • Collateral-attack-on-regulatory-proceedings
  • Dismissal-for-frivolous-or-vexatious-claims
  • Civil-procedure
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Criminal-law 2026 ONCA 192

United States v. Georgiou

The Ontario Court of Appeal refused to appoint state-funded counsel or amicus, and declined to stay enforcement, finding no arguable appeal and no need for assistance.

  • Appointment-of-counsel-/-amicus
  • Stay-of-enforcement
  • Forfeiture-enforcement
  • Collateral-attack-on-foreign-judgment
  • Summary-dismissal-(manifestly-frivolous)
  • Charter-ss.8-and-15-challenge
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Estate-law 2026 ONCA 85

Elizabeth Casey Cooke Family Trust v. Dioguardi

The Ontario Court of Appeal dismissed an appeal in a solicitor-negligence case, holding the claim was an abuse of process because the will error could have been addressed during probate.

  • Probate
  • Rectification-of-wills
  • Abuse-of-process
  • Collateral-attack
  • Certificate-of-appointment-of-estate-trustee
  • Solicitor-negligence
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Administrative-law 2026 FC 201

McIntosh v. Canada (Attorney General)

The Federal Court dismissed a motion seeking clarification of earlier reasons, holding the Court was functus officio and that the Rules do not provide a free-standing clarification remedy.

  • Functus-officio
  • Clarification-of-judgment
  • Federal-courts-rules-(motions-and-costs)
  • Collateral-attack
  • Federal-courts-rules
  • Costs
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Family-law 2026 ONCA 53

Kamil v. Alnoor

The Court of Appeal dismissed the appeal and a fresh evidence motion because the appellant remained in breach of court orders, the appeal lacked merit, and it was a collateral attack.

  • Equalization-payment
  • Fresh-evidence
  • Breach-of-court-orders
  • Collateral-attack
  • Parenting-orders
  • Support-arrears
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Administrative-law 2026 FC 33

McIntosh v. Canada (Attorney General)

The Federal Court struck Adan McIntosh’s statement of claim without leave to amend, finding no reasonable cause of action and an abuse of process.

  • Charter-damages
  • Motion-to-strike-under-rule-221
  • Simplified-action-rules-(rules-292-299)
  • Security-for-costs
  • Abuse-of-process
  • Collateral-attack
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Constitutional-law 2025 BCCA 437

Fraser-Fort George (Regional District) v. Chingee

The Court of Appeal dismissed appeals from summary judgment refusal, holding the respondent’s s. 35 treaty-rights defence raised triable issues not foreclosed by prior litigation.

  • Treaty-rights-(s.35)
  • Vertical-stare-decisis
  • Issue-estoppel
  • Abuse-of-process
  • Collateral-attack
  • Severalty-land-grants
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Administrative-law 2025 BCSC 2410

Cimolai v. Halpenny

The court struck Dr. Cimolai’s claim against Dr. Halpenny as an abuse of process, finding it was a collateral attack on final Commission orders.

  • Abuse-of-process
  • Collateral-attack
  • Statutory-immunity
  • Limitation-period
  • Summary-judgment
  • Judicial-review-alternatives
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Civil 2025 ONCA 815

Park v. Manulife Bank of Canada

On a motion pending appeal, the Court of Appeal for Ontario dismissed Tennyson Park’s request for a stay of vacant-possession orders in favour of Manulife Bank of Canada.

  • Eviction
  • Default-judgment
  • Abuse-of-process
  • Summary-judgment
  • Stay-pending-appeal
  • Vacant-possession
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.