Canada Case Law

Diamant Cleaning Vancouver Inc. v. Li

Court

British Columbia Court of Appeal

The appeal is dismissed because the Court of Appeal found no palpable and overriding errors in the summary trial judge's factual findings that the solicitor obtained instructions to settle, that the client understood and consented to the mutual release, and that the solicitor's advice and conduct met the standard of a reasonably competent lawyer; therefore there was no basis to find solicitor's negligence.

Source excerpt

• Solicitor's duty of care
• Scope of retainer
• Summary trial
• Security for costs
• Settlement and mutual release
• Standard of review

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Scott v. Scott

Court

Supreme Court of British Columbia

The October 23, 2003 correspondence from deceased's counsel objectively admitted some liability and thereby confirmed the cause of action under s.5 of the 1996 Limitation Act for amounts not yet statute-barred; this restarted the limitation period for the youngest child (Kaurie) and, because the 2012 Limitation Act later exempted child support arrears from limitation, Kaurie's portion of the lump sum ($1,000) and periodic arrears totaling $6,529.95 remain enforceable with interest; the original $6,000 lump sum is apportionable equally among the five entitled persons at $1,000 each and claims…

Source excerpt

• Child support arrears
• Statute of limitations
• Confirmation of debt
• Apportionment of arrears
• Costs indemnity

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Stenner v. Stenner

Court

Supreme Court of British Columbia

The Court struck a family claim challenging a separation agreement, finding the pleading non-compliant, unsupported by admissible evidence, and time-barred.

• Separation agreement
• Notice of family claim
• Strike pleadings
• Limitation period under family law act s.198(3)
• Rules compliance (supreme court family rules)
• Capacity/mental competency

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Royal Bank of Canada v. 1343173 B.C. Ltd.

Court

Supreme Court of British Columbia

The Supreme Court of British Columbia granted summary judgment to RBC, appointed Grant Thornton Limited as receiver, and awarded costs on a full indemnity basis.

• Receivership
• Enforcement of security
• Guarantee
• Judgment on demand
• Sealing order
• Costs indemnity

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Rawji Estate (Re)

Court

Supreme Court of British Columbia

Estate costs ruling apportioning Scale B costs between siblings after a successful removal application, with no special costs awarded and estate payment limited to the residual.

• Removal of executor
• Costs indemnity
• Special costs
• Appointment of professional trustee
• Apportionment of costs
• Estate-law

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KVM Investments Limited v. Isabella

Court

Court of Appeal for Ontario

The Court of Appeal affirmed the motion judge's conclusion that the appellant's allegations lacked evidentiary support or did not amount to a legal defence, therefore summary judgment for the respondent was proper; the contractual indemnity for collection costs was enforceable and the costs order was upheld; leave to appeal the costs order was refused and the appeal was dismissed.

Source excerpt

• Loan agreement
• Interest
• Misrepresentation
• Conflict of interest
• Costs indemnity
• Summary judgment standard

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Provincial Court Judges' Association of British Columbia v. British Columbia (Attorney General)

Court

Supreme Court of British Columbia

Judicial review of British Columbia’s response to a judicial compensation commission report. The Court quashed motions rejecting two recommendations and remitted the matter.

• Judicial independence
• Judicial remuneration
• Judicial compensation commission process
• Rationality review (bodner test)
• Public funds spending
• Statutory interpretation of judicial compensation act

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Waters v. Michie

Court

Supreme Court of British Columbia

The court held a March 7 settlement letter was not a valid costs offer because it was not properly served under Rule 11-1, and awarded the respondent $2,000 in costs.

• Calderbank offer
• Rule 11-1
• Service of offer
• Costs indemnity
• Stare decisis
• Costs

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Wright v. TD Auto Finance (Canada) Inc.

Court

Supreme Court of Nova Scotia

The contractual solicitor-client indemnity was declined because costs must be determined under the Nova Scotia Civil Procedure Rules (Tariff C, Rule 77), the contract is an adhesion contract to be narrowly construed, and TDAF's lack of diligence in locating and producing the February 14, 2017 conversation caused an unnecessary and lengthened hearing; accordingly costs were fixed at Tariff C guideline levels rather than full contractual indemnity.

Source excerpt

• Costs indemnity
• Conditional sales contract
• Repossession
• Waiver
• Late disclosure and impeachment

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Luther v. von Kursell

Court

Supreme Court of Nova Scotia

The applicant failed to file required disclosure and materials as directed; although the applicant's unsupported claim of cognitive impairment was noted, it did not persuade the court to dismiss the application. The court exercised its discretion under Civil Procedure Rule 5.19 to adjourn rather than dismiss, conditioning any further conference and rescheduling on the applicant responding to outstanding interrogatories; costs were reserved pending submission of supporting information for indemnity under Rule 77.09.

Source excerpt

• Variation of child support
• Disclosure obligations
• Costs indemnity
• Adjournment and dismissal for non-compliance

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