Canada Case Law

R. v. Majcher

Court

Supreme Court of British Columbia

Although the arresting officer sincerely believed Majcher conspired with PRC actors, the totality of circumstances known by July 16, 2023 consisted largely of unverified open‑source material, tenuous associations, and speculative inferences; those materials were not sufficiently credible or compelling to permit an objectively reasonable belief of a conspiracy to employ coercive threats under SOIA, and therefore the warrantless arrest violated section 9 of the Charter.

Source excerpt

• Warrantless arrest
• Reasonable and probable grounds
• Section 9 charter
• Search incident to arrest
• Conspiracy
• Security of information act (ss.20,22,23)

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Tung v. Lu

Court

Supreme Court of British Columbia

Material facts must be pleaded for non-family civil claims in family proceedings; where pleadings contain no material facts the court may consider affidavit evidence to test whether claims are 'capable of being repaired' and whether they are bound to fail. Applying the law to the facts before the court, the judge struck or dismissed the non-family claims: all of Nancy's civil claims were struck; all but two of Anshan's civil claims were struck; the two surviving Anshan claims (conspiracy against Hans and breach of contract against CIBC) were dismissed on summary trial because Nancy's contrave…

Source excerpt

• Pleadings and particulars
• Striking pleadings
• Summary trial
• Breach of fiduciary duty
• Intentional interference with economic interests
• Conspiracy

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Last v. Reliable Towing Mission Ltd.

Court

Supreme Court of British Columbia

Because success on the summary applications and the Rule 10-1 transfer was mixed, and earlier applications had costs fixed in the cause that cannot be varied, the court exercised its discretion to depart from the default that costs follow the event and ordered that each party bear their own costs of the applications before the court.

Source excerpt

• Costs
• Summary trial (rule 9-7)
• Rule 10-1 transfer
• Warehouse lien act
• Conversion
• Conspiracy

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Last v. Reliable Towing Mission Ltd.

Court

Supreme Court of British Columbia

The court voided a towing company’s sale of an impounded RV for non-compliance with the Warehouse Lien Act and granted interim possession to the owner, subject to security.

• Warehouse lien act
• Motor vehicle act s.188
• Notice requirements
• Summary trial (rule 9-7)
• Rule 10-1 possession
• Conversion

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Bordignon v. Bordignon

Court

Supreme Court of British Columbia

The court found divided success in this family law trial costs decision and ordered each side to bear its own costs. No special costs were awarded.

• Costs orders
• Special costs
• Substantial success
• Division of family property
• Parenting and custody
• Valuation

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Taylor v. Alberta

Court

Federal Court

Federal Court struck Michael Taylor’s 69-page statement of claim without leave to amend, finding no reasonable cause of action and no Federal Court jurisdiction.

• Motion to strike
• Jurisdiction
• Leave to amend
• Charter infringement
• Conspiracy
• Damages

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HSBC Bank Canada v. Guido

Court

Court of Appeal for Ontario

The Ontario Court of Appeal dismissed Antonio Guido’s appeal, upheld summary judgment for HSBC Bank Canada, denied leave on costs, and awarded HSBC $20,000 in appeal costs.

• Summary judgment
• Personal guarantee
• Agency authority
• Misrepresentation
• Conspiracy
• Discovery

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Besler v. What the Fungus

Court

Supreme Court of British Columbia

Court struck most of the pleading in a neighbour dispute over mushroom-farm bylaws, allowing only limited amendment on some claims and ordering a new 20-page claim.

• Striking pleadings
• Leave to amend
• Misfeasance in public office
• Negligence and gross negligence
• Conspiracy (predominant purpose and unlawful means)
• Harassment

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Bahinipaty v. Vancouver Coastal Health Authority (Vancouver General Hospital)

Court

Supreme Court of British Columbia

The court granted summary dismissal of a medical malpractice and fraud claim, finding no admissible expert evidence, no basis for conspiracy, and valid consent to surgery.

• Summary trial suitability
• Expert evidence admissibility
• Informed consent
• Battery
• False imprisonment
• Intentional infliction of nervous shock

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R. v. Ramdeo

Court

Court of Appeal for Ontario

The Court dismissed the appeal: the trial judge did not err in his treatment of the Vetrovec witness, appropriately relied on independent confirmatory evidence (DNA, plastic ties, highway footage, witness accounts and cell‑tower data), applied the correct burden and standard notwithstanding lack of verbatim W.(D.) language, and reasonably rejected the appellant's account; convictions and sentence are upheld.

Source excerpt

• Kidnapping
• Identification evidence
• Vetrovec witness
• Corroboration
• W.(d.) standard
• Credibility assessment

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