Canada Case Law

Zeng v. Zuo

Court

Supreme Court of British Columbia

The Chinese Civil Mediation Paper of April 26, 2018 is enforceable in British Columbia: the defendants attorned to the Chinese court by appointing agents who participated and consented, the mediation paper is final and conclusive under Chinese law, and the defendants failed to establish a defence of lack of natural justice (duress) or fraud. Consequently the Chinese judgment debt (RMB 35,350,000 principal and RMB 20,455,141.64 interest calculated to January 1, 2025 with interest accruing at RMB 10,273.97 per day) is recognized and enforceable; the trust funds from the Property sale are to be…

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• Recognition and enforcement of foreign judgments
• Jurisdiction and attornment
• Natural justice/duress as defence to recognition
• Fraud defence to foreign judgments
• Interest calculation on foreign judgments
• Costs and special costs

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Anderson v. Double M Construction Ltd.

Court

Supreme Court of British Columbia

On summary trial, the court dismissed Cheryl Anderson’s claims, found her nonpayment repudiated the cabin contracts, awarded defamation damages to two defendants, and ordered special costs against her.

• Licence to occupy
• Lease repudiation
• Vacant possession
• Striking pleadings
• Vexatious litigant (s.18)
• Summary trial procedure

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Harder v. InCor Holdings Limited

Court

Supreme Court of British Columbia

The court struck the responses of three defendants for chronic non-compliance and entered judgment on pleaded fraud, loan, investment, and enrichment claims.

• Strike response to civil claim
• Summary judgment / summary trial
• Mareva injunction and ancillary disclosure
• Fraudulent misrepresentation
• Negligent misrepresentation
• Unjust enrichment

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Harrison v. Simon Fraser University

Court

Supreme Court of British Columbia

The court dismissed a judicial review of an OIPC decision under s. 28 FIPPA, found the access-review challenge premature, and granted a limited sealing order.

• Fippa s.28 accuracy obligation
• Sealing orders and court openness
• Exhaustion/prematurity doctrine
• Standard of review (reasonableness/vavilov)
• Delegation and immunity under fippa
• Costs and special costs

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J.R.J. v. S.V.J.

Court

Supreme Court of British Columbia

Family law trial judgment granting divorce, terminating the respondent’s guardianship, and ordering sole guardianship, child support, spousal support, and property compensation.

• Termination of guardianship
• Imputation of income
• Section 7 expenses
• Asset dissipation and crypto conversion
• Anton pillar order and privilege
• Contempt and non-compliance

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L.Z. v. R.C.

Court

Supreme Court of British Columbia

High-conflict family law trial on parenting, child support, and property. The court upheld a $500,000 lump-sum child support agreement, ordered reunification therapy, and found family violence.

• Parenting time
• Guardianship and parental responsibilities
• Surreptitious recordings admissibility
• Separation agreements enforcement
• Lump sum child support
• Unconscionability

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Draheim v. Draheim

Court

Supreme Court of British Columbia

The court varied a 2019 consent order so two children would reside primarily with their father, ordered shared parenting responsibilities, and imposed disclosure sanctions on the father.

• Variation of parenting orders
• Views of the child (s.211)
• Parental responsibilities (s.41)
• Financial disclosure and enforcement
• Conduct orders
• Costs and special costs

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Fillion v. Fillion

Court

Supreme Court of British Columbia

The court enforced a consent order requiring the claimant to reimburse the respondent for paying out the GMC loan, but declined to impose a fine or special costs.

• Enforcement of consent order
• Allocation and indemnity for family debt
• Costs and special costs
• Fines for non‑compliance
• Family-law
• Consent-orders

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Crozier v. Crozier

Court

Supreme Court of British Columbia

The court granted a divorce, divided family property and debts, ordered sale of the Homer Street property, split the pension, and awarded special costs against Vincent Crozier.

• Divorce
• Division of family assets and debts
• Order for sale of property
• Pension division
• Spousal support (adjourned)
• Costs and special costs

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Taylor v. Dr. Lens Change Inc.

Court

British Columbia Court of Appeal

The Court of Appeal dismissed Skye Taylor’s appeal from a summary trial judgment: the $90 contract award stood, the fraud claim failed, and no procedural unfairness was shown.

• Breach of contract
• Fraudulent misrepresentation
• Summary trial
• Extension of time
• Procedural fairness
• Costs and special costs

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