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Decisions matching the current search
Court granted respondents leave to withdraw an admission about mortgage payments and file a further amended response, but excluded a late-filed affidavit for unfair prejudice.
The court dismissed a landlord’s bid to stop a lease dispute from proceeding as a representative action, finding the leases identical and the core issues common to all leaseholders.
The court held that a settlement agreement’s indemnity clause applied to claims already released, entitling the defendants to indemnity costs subject to assessment.
Appeal dismissed from an order allowing SRC Engineering Consultants Ltd. to file a third-party notice; the court held the claim was not plainly bound to fail and costs were in the cause.
The court found one proven battery in a family-law dispute, dismissed retroactive child support, and ordered unequal family property division, support, pension adjustments, divorce, and tailored protection orders.
The Court of Appeal held the chambers judge erred in striking the pleadings and allowing the matter to proceed to trial or proper summary trial.
Foreclosure action over a Surrey property mortgage. The court held the mortgage secured antecedent advances, rejected the limitation defence, and granted an order nisi and redemption amount.
The Court of Appeal held that a counterclaim cannot be filed within a petition proceeding; it is available only in an action under the Civil Rules.
The court dismissed a flood-damage claim over Cache Creek, holding the defendants did not tortiously direct water onto the plaintiff’s land and the Village’s emergency acts were protected.
The court granted Don Kasian leave to file a counterclaim shortly before trial, finding the claims were not plainly doomed and that delay did not justify refusal.
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