Canada Case Law

Simpson v. League and Williams Law Corporation

Court

Supreme Court of British Columbia

The court has jurisdiction under Rule 12-1(9) to give precedence to the professional negligence trial; because the LPA review and the professional negligence action overlap materially and create a real risk of inconsistent findings and multiplicity of proceedings, the appropriate remedy is to stay the LPA review pending determination of the professional negligence action, subject to conditions (delivery of affidavit(s) of justification).

Source excerpt

• Stay of proceedings
• Jurisdiction under supreme court civil rules
• Contingency fee dispute
• Quantum meruit
• Registrar fee review
• Risk of inconsistent findings

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Kelly v. The King

Court

Tax Court of Canada

The Tax Court gave GLGI appellants a final chance to explain why their appeals should not be struck as abuse of process, with written submissions due by April 24, 2026.

• Abuse of process
• Group appeals
• Donative intent
• Judicial economy
• Finality
• Lead case procedure

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Khamdamov v. Canada (Immigration, Refugees and Citizenship)

Court

Federal Court

The Federal Court dismissed an immigration judicial review as moot after permanent residence was approved. It found no basis to hear the matter despite the applicant’s costs request.

• Mootness
• Unreasonable delay
• Mandamus
• Judicial economy
• Costs under irpa
• Judicial-review

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Sridharan v. Whirlpool Corporation

Court

Supreme Court of British Columbia

The court dismissed retailers’ request to bifurcate and temporarily stay a proposed class action over alleged defective dishwashers, finding no sufficient prejudice or efficiency gain.

• Bifurcation
• Partial stay
• Severance
• Certification
• Common issues
• Judicial economy

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Berenguer v. Sata Internacional Azores Airlines, S.A.

Court

Federal Court

The Federal Court dismissed a motion to schedule a fresh certification hearing, holding it had no jurisdiction to reopen a final refusal of class certification.

• Certification
• Issue estoppel
• Functus officio
• Preferable procedure
• Case management powers (rule 385)
• Rule 334.2 continuation vs reanimation

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Best Buy Canada Ltd. v. Canada (Border Services Agency)

Court

Federal Court of Appeal

Danby governs the statutory issues of legislative interpretation and the Tribunal applied Danby without legal error; therefore the statutory appeal fails. The separate application for judicial review was needless because the issues could and should be addressed in the statutory appeal; accordingly both the appeal and the judicial review are dismissed and costs are ordered.

Source excerpt

• Tariff classification
• Standard of review
• Precedent and stare decisis
• Jurisdiction
• Procedural fairness
• Judicial economy

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Rayner v. Dhaliwal

Court

Supreme Court of British Columbia

The court converted a fire-loss action into a class proceeding, finding judicial economy and access to justice outweighed limitation-period prejudice.

• Conversion to class proceeding
• Certification
• Suspension of limitation periods
• Judicial economy
• Access to justice
• Behaviour modification

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SWS Marketing Inc. v. Zavier

Court

Supreme Court of British Columbia

The court varied a final order to permit individual sale of 14 strata lots, suspended that change for 12 months, and required compliance with RTA notice rules.

• Functus officio
• Variation of final order
• Supplemental orders
• Conduct of sale
• Notice of entry
• Manifest intention

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Badela v. Donald

Court

British Columbia Court of Appeal

The Court of Appeal quashed an appeal from a sequencing order, holding it was a non-appealable case-management ruling that did not determine substantive rights.

• Appealability
• Sequencing orders
• Interlocutory orders
• Case management
• Judicial economy
• Case-management-orders

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Brown v. Smithwick

Court

British Columbia Court of Appeal

The Court of Appeal adjourned a leave application from an interim arbitral award, holding it was premature while the arbitration remained ongoing.

• Leave to appeal
• Prematurity
• Interim award
• S.178(1)(e) bia
• Reaffirmation
• Estoppel

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