Canada Case Law

Cabalona v. Turney

Court

Supreme Court of British Columbia

The Family Law Act applies; on a s.89 assessment the court found both parties economically needy but Turney more disadvantaged (incapacity, low fixed income, cannot self-represent) and that a further large interim distribution to the claimant would likely harm Turney's interests given the disputed cohabitation agreement and prior $200,000 distribution; balancing necessity and potential harm, the court exercised its discretion to grant a limited interim distribution of $50,000 to Turney for future legal fees and disbursements only, and denied the claimant's application for a second interim dis…

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• Interim distribution
• Family law act s.89
• Cohabitation agreement enforceability
• Litigation funding
• Capacity and committee proceedings
• Consent orders

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Hamdi v. Ali

Court

British Columbia Court of Appeal

The Court of Appeal allowed the appeal, holding the chambers judge applied res judicata and abuse of process to the wrong question when striking the family claim.

• Consent orders
• Res judicata
• Abuse of process
• Setting aside orders
• Undue influence
• Unconscionability

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Martin v. 11037315 Canada Inc.

Court

Court of Appeal for Ontario

The Court refused to set aside the trial declaration on the basis of party consent alone because the trial judge made adverse credibility findings and a declaratory judgment grounded in evidence; absent legal or evidentiary error, vacating the judgment on consent would bring the administration of justice into disrepute, so the motion to set aside was dismissed and any appeal must proceed on the merits or be abandoned by the appellant.

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• Bona fide purchaser for value without notice
• Land titles act
• Consent orders
• Setting aside judgment
• Administration of justice
• Expedited appeal

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Dhami v. Samra

Court

Supreme Court of British Columbia

The court held that a prior consent order made the court functus officio on election and membership-list issues, dismissed joinder and audit applications, and adjourned cross-examination.

• Functus officio
• Consent orders
• Membership verification
• Joinder of parties
• Costs
• Functus-officio

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Tung v. Lu

Court

Supreme Court of British Columbia

The court dismissed Nancy Lu’s bid to set aside or vary asset-freezing orders, adjourned support-fine requests to trial, ordered disclosure, and approved a consent order releasing most funds to Anshan Lu.

• Asset restraining orders (s.91 fla)
• Mareva-style injunctions (rule 12-1/12-4 scfr)
• Setting aside without-notice orders
• Support enforcement (s.230 fla)
• Disclosure (rule 9-1 scfr)
• Consent orders

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Reed v. Lokhandwala

Court

Supreme Court of British Columbia

The court struck the defendants’ late jury notice in a personal injury action, finding it was filed outside the Rule 12-6(3) deadline and no extension was sought.

• Jury election
• Timeliness of procedural notices
• Extension of time under rule 22-4(2)
• Costs assessment
• Consent orders
• Jury-trial-election

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Paul v. Potts

Court

Supreme Court of British Columbia

The court found a material change in parenting time from April 2022, varied child support, rejected the daughter's rent as a special expense, and ordered a new counsellor for the son.

• Variation of child support
• Section 7 guidelines expenses
• Independent living of child
• Counselling and conflict of interest
• Consent orders
• Change of circumstances

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The Owners, Strata Plan VIS 1549 v. Cinnabar Brown Holdings Ltd.

Court

Supreme Court of British Columbia

The court dismissed Cinnabar’s application to set aside a March 2, 2023 consent order and refused leave to file a counterclaim.

• Consent orders
• Setting aside judgments
• Unilateral mistake
• Solicitor representation on the record
• Costs assessment by registrar
• Indemnity agreements

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Happy c. Narouz

Court

Court of Appeal for Ontario

The Court admitted late medical materials and granted the appellant a limited extension to perfect the appeal (seven days from receipt of the Superior Court endorsed order) because administrative delay in issuing the endorsed order and the appellant's medical condition made the extension necessary in the interests of justice; the appellant's request to appeal the July 6, 2020 consent order was rejected because it was brought four years late, lacked a coherent explanation, was unlikely to succeed, and would cause significant prejudice to the respondent; the respondent's dismissal motion was ad…

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• Extension of time
• Dismissal for non-compliance
• Consent orders
• Translation of judgment
• Sale of matrimonial home
• Summary judgment

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Hamdi v. Ali

Court

Supreme Court of British Columbia

The court struck Mr. Hamdi’s claim as an abuse of process because it tried to relitigate a six-year-old final consent order that had already been implemented.

• Consent orders
• Setting aside final order
• Abuse of process
• Res judicata
• Undue influence
• Unconscionability

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