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Canada Case Law

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Criminal law 2025 BCSC 2689

R. v. Majedi

At a Gardiner hearing in sentencing, the court made limited factual findings on coercion and drug use, but deferred any final legal ruling on duress.

  • Duress/coercion
  • Gardiner hearing
  • Credibility assessment
  • Drug trafficking
  • Pregnancy and addiction in sentencing
  • Gardiner-hearing
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Immigration and refugee law 2025 FC 1859

Vadiati v. Canada (Citizenship and Immigration)

The Federal Court dismissed judicial review of an IRCC inadmissibility decision, finding no procedural unfairness and no reason to disturb the officer’s conclusion under IRPA s. 34(1)(f).

  • Inadmissibility under s.34(1)(f)
  • Membership in terrorist organization
  • Procedural fairness
  • Duress/coercion
  • Humanitarian and compassionate considerations
  • Standard of review (reasonableness)
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Contract 2019 BCCA 227

Silverhill Homes Ltd. v. Borowski

The Court of Appeal dismissed an appeal seeking rescission of share purchase agreements, holding the trial judge’s credibility findings were not unreasonable.

  • Rescission
  • Duress/coercion
  • Credibility assessment
  • Standard of appellate review
  • Costs
  • Duress
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Contract law 2017 BCSC 2254

Stolba v. Comwave

The court held Comwave governed the parties’ relationship, rejected most breach and unjust enrichment claims, and awarded limited damages for unpaid commissions and notice.

  • Agency agreement
  • Breach of contract
  • Termination without notice
  • Set-off/deductions
  • Commissions and residuals
  • Duress/coercion
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Contract law 2015 BCSC 2442

Hua v. Tong

The court held the promissory note unenforceable, dismissed the plaintiff’s claim, and awarded the defendant $63,191.32 on his counterclaim.

  • Promissory note enforceability
  • Alleged loan vs gift
  • Duress/coercion
  • Constructive/beneficial ownership
  • Certificate of pending litigation (cpl)
  • Costs
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Immigration law 2007 FC 1197

Canada (Citizenship and Immigration) v. Nallaiya

The Federal Court allowed judicial review and sent the matter back for a new hearing, finding the Board failed to properly apply the exclusion test under s. 98 IRPA.

  • Exclusion (article 1f)
  • Complicity
  • Credibility
  • Duress/coercion
  • Standard of review
  • Refugee-exclusion
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Contract law 2003 BCSC 1307

Canaccord Capital Corp. v. Apollo Capital Partners Inc.

The court enforced a January 2002 settlement and release, rejecting claims of coercion and granting Canaccord judgment, interest, costs, and guarantee relief.

  • Enforceability of settlement agreement
  • Duress/coercion
  • Release and dismissal
  • Guarantee and enforcement
  • Margin account rights
  • Settlement-agreement
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Family law 2000 BCSC 1664

Gray v. Gray

The court held the 1996 variation to the parties’ separation agreement enforceable and dismissed the plaintiff’s claim for lack of witnessing, duress, or unconscionability.

  • Separation agreement
  • Domestic contract formalities
  • Unconscionability
  • Duress/coercion
  • Spousal support
  • Pension equalization
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Agency (1890) 17 SCR 235

Davis v. Kerr

The Court held the 1880 tutor’s mortgage void for irregular authorization and lender knowledge, but allowed a personal recovery for benefit proved; later ratification did not cure the defect.

  • Tutor and minor
  • Family council
  • Judicial authorization to borrow
  • Ratification
  • Duress/coercion
  • Hypothecary action
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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.