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Canada Case Law

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Civil procedure 2024 BCCA 286

Pangaea Resources Limited v. Harder

La Cour d’appel a rejeté l’appel d’une ordonnance de type Mareva visant à geler et divulguer certains actifs, jugeant qu’une forte preuve prima facie et un risque de dissipation existaient.

  • Mareva injunction
  • Freezing order
  • Disclosure order
  • Prima facie case
  • Asset dissipation
  • Non-party injunctions
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Trusts 2021 BCSC 2257

Shakeri-Saleh v. Estate of Ahmadi-Niri

The court declined to set aside disclosure terms in an ex parte Mareva injunction, but extended compliance and limited disclosure to assets of $10,000 or more.

  • Constructive trust
  • Mareva injunction
  • Disclosure order
  • Ex parte applications
  • Limitation defence
  • Asset freezing
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Equity 2021 BCSC 2233

Shakeri-Saleh v. Estate of Ahmadi-Niri

Ex parte application granted for a Mareva injunction, freezing order, and disclosure order in a family venture and estate dispute; appointment of an administrator was refused.

  • Mareva injunction
  • Freezing order
  • Disclosure order
  • Administrator pendente lite
  • Unjust enrichment
  • Constructive trust
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Criminal law 2016 BCCA 512

R. v. McKay

The Court of Appeal dismissed the respondent’s application to adduce fresh evidence, holding the proposed materials would not have affected the appeal result.

  • Fresh evidence
  • Judicial stay
  • Disclosure order
  • S.683 criminal code
  • Palmer test
  • Fresh-evidence
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Extradition 2014 BCSC 1246

U.S.A. v. Rogan

In this extradition disclosure ruling, the court limited production to relevant, undisclosed CBSA documents and set a process for any privilege disputes.

  • Disclosure order
  • Abuse of process (disguised extradition)
  • Privilege claims and in camera review
  • Temporal scope of disclosure
  • Cbsa motivation and state conduct
  • Extradition-disclosure
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Canada pension plan 2014 SSTAD 88

J. Z. v. Minister of Human Resources and Skills Development

An order for disclosure of the Appellant's personal and business income tax returns and unedited business sale documents is a procedural step within the meaning of s.4 of the SST Regulations; accordingly the Tribunal has authority to order production and the Appellant is obliged to provide the requested documents for 2007–2012 and file them with the Tribunal within 21 days.

  • Disclosure order
  • Document production
  • Jurisdiction of tribunal
  • Section 4 sst regulations
  • Section 68 cpp regulations
  • Procedural vs substantive orders
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Estates 2014 BCSC 672

Iaci Estate v. Iaci

Viscount Savage granted an interim injunction and disclosure order in an estate matter where the executor had taken pre-advances, co-mingled funds, and delayed accounting.

  • Interim injunction
  • Executor duties
  • Accounting of estate
  • Breach of fiduciary duty
  • Co-mingling of funds
  • Disclosure order
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Banking law 2010 NSSC 93

National Bank of Canada v. Weir

The bank failed to prove beyond reasonable doubt that Mr. Weir committed civil contempt because the post did not constitute a solicitation regarding proxies and thus fell outside the scope and purpose of the verbal and written orders (which targeted solicitations to identifiable persons with authority to execute proxies); anonymous internet postings to a general audience are not covered and the court will not impose impossible disclosure obligations.

  • Proxy solicitation
  • Restraining order
  • Disclosure order
  • Internet postings
  • Bank act s.156
  • Standard of proof
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.