Canada Case Law

Howe v. Nova Scotia Barristers’ Society

Court

Nova Scotia Court of Appeal

The motion for issuance of subpoenas was dismissed because the appellant failed to establish a material connection between the evidence the nine proposed witnesses could give and the issues to be determined at the fresh evidence motion; accordingly the subpoenas were denied and the court did not decide the compellability issue under s.77A(2).

Source excerpt

• Fresh evidence
• Subpoena issuance
• Compellability of witnesses
• Legal profession act s.77a(2)
• Section 45(4) applications

Read case analysis

Hemond v. Canada (Citizenship and Immigration)

Court

Federal Court

The Federal Court set aside two detention review decisions, holding that detainees in IRPA detention reviews are protected by a principle of non-compellability under section 7 of the Charter.

• Detention review
• Compellability of witnesses
• Section 7 charter (principles of fundamental justice)
• Non-compellability
• Judicial review
• Mootness

Read case analysis

R. v. Yabarow

Court

Court of Appeal for Ontario

The Court upheld the conviction and sentence: the trial judge correctly limited and cautioned the jury on the use of after-the-fact conduct (permitting only immediately post‑altercation conduct to be used on provocation), properly excluded the out‑of‑court exculpatory statement of Khalinle as inadmissible hearsay and was not required to compel the Crown to call him, and the sentencing judge reasonably exercised discretion in setting parole ineligibility at 13 years.

Source excerpt

• Provocation
• After-the-fact conduct
• Hearsay and mixed statements
• Compellability of witnesses
• Self-defence
• Parole ineligibility

Read case analysis

Tims v. Royal Bank of Canada

Court

Supreme Court of British Columbia

The court stayed a wrongful dismissal action in favour of Hong Kong, finding it the clearly more appropriate forum under the CJPTA.

• Forum non conveniens
• Territorial competence
• Stay of proceedings
• Choice of law
• Wrongful dismissal
• Compellability of witnesses

Read case analysis

Shanghai Zhong Jia Xing Hua Chuang Ye Investment LLP v. Bai

Court

Supreme Court of British Columbia

The court stayed the plaintiffs’ substantive claims on forum non conveniens grounds, finding China was the clearly more appropriate forum, but allowed enforcement-related claims to proceed in British Columbia.

• Forum non conveniens
• Territorial jurisdiction
• Forum selection clause
• Fraudulent conveyance
• Recognition and enforcement of foreign judgments
• Compellability of witnesses

Read case analysis

O’Melveny & Myers LLP v. Tilt Holdings Inc.

Court

Supreme Court of British Columbia

The court stayed a law-firm fee recovery action, finding California was the clearly more appropriate forum because key non-party witnesses were there and could be compelled more easily.

• Forum non conveniens
• Compellability of witnesses
• Fee recovery
• Quantum meruit
• Letters rogatory
• Choice of law

Read case analysis

R. v. Rayworth

Court

Supreme Court of Nova Scotia

Severance was denied because although there is a reasonable possibility Sumbu would testify if compelled and that his evidence could favor Rayworth, any diminution of Rayworth's defence in a joint trial would not render the trial fundamentally unfair; countervailing interests in a joint trial (truth-seeking, avoidance of inconsistent verdicts and efficiency) outweigh the potential prejudice.

Source excerpt

• Severance of co-accused
• Admissibility of statements
• Compellability of witnesses
• Possession for the purpose of trafficking
• Joint trial vs separate trials
• Limiting jury instructions

Read case analysis

Campbell v. Canada (Attorney General)

Court

Federal Court

The Federal Court dismissed Farrell Campbell’s judicial review, upheld the CRA requirement for information, and granted the Attorney General’s s. 231.7 motion.

• Charter self-incrimination
• Income tax act sections 231.1 and 231.7
• Use and derivative use immunity
• Declaratory relief
• Judicial review
• Compellability of witnesses

Read case analysis

Wang v. Canada (Public Safety and Emergency Preparedness)

Court

Federal Court

The Federal Court dismissed as premature an application for judicial review of an IAD order compelling Yang Wang to testify, finding no exceptional circumstances.

• Compellability of witnesses
• Summons
• Judicial review
• Prematurity
• Charter s.7 liberty
• Self-incrimination

Read case analysis

XYZ Limited v. A.A.

Court

Nova Scotia Small Claims Court

Where a tenant validly serves a Form Q with a Certificate issued by the Director of Victim Services under s.10F/10H and the certificate and notice were properly given, the Small Claims Court’s inquiry is limited to whether the notice and certificate were properly delivered and to unrelated tenancy issues; the Director cannot be compelled to disclose underlying records; here the notice and certificate were properly given, the tenancy terminated July 1, 2017, the landlord cannot recover rent for July and August 2017, and the landlord is entitled to retain the security deposit as full and final…

Source excerpt

• Early termination of tenancy
• Form q tenant's notice to quit—domestic violence
• Certificate confirming grounds to terminate tenancy due to domestic violence
• Confidentiality of victim services records
• Compellability of witnesses
• Security deposit application

Read case analysis