Canada Case Law

Further Detention of Things Seized (Re)

Court

Supreme Court of British Columbia

The court granted further detention under ss. 490(9.1) and 490(3) until January 21, 2027 because the Seized Items and copied electronic data are objectively reasonably required for an ongoing complex investigation involving digital forensic processing, analyst review for CSAEM, firearms and counterfeit investigations and expert reports; the investigation's complexity and the interests of justice (including protection of a minor complainant and ensuring proper investigation and potential trial evidence) outweigh the Interested Party's property and privacy interests, and a sealing order under s…

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• Further detention of seized property
• Sealing order
• Digital evidence extraction and review
• Complexity of investigation
• Child sexual exploitation offences

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Gesner v. Coast Capital Savings Federal Credit Union

Court

British Columbia Court of Appeal

The application fails because the applicant did not meet the first Sherman Estate requirement: she did not demonstrate a serious, material risk to an important public interest from the unsealed portions of the file. Consequently, the sealing order extension was denied. The special costs claim was dismissed because the applicant was unsuccessful and no exceptional basis existed to award special costs; respondent awarded 50% of its assessed costs of these applications.

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• Sealing order
• Open courts principle
• Special costs
• Sherman estate test

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Klassen v. Epp

Court

Supreme Court of British Columbia

The court awarded ordinary Scale B costs to the defendant after striking the claim, but refused special costs, personal costs against counsel, and sealed a confidential affidavit.

• Special costs
• Res judicata
• Strike pleadings
• Costs against counsel personally
• Sealing order
• Special-costs

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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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Heller v. Law Society of British Columbia

Court

Supreme Court of British Columbia

The Court granted a temporary sealing order over James Heller’s Affidavit #2, finding a serious privacy risk for a former employee and rejecting redactions as sufficient.

• Sealing order
• Implied undertaking rule
• Open court principle
• Privacy and dignity
• Interlocutory applications
• Document disclosure

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Tambosso v. Nguyen

Court

British Columbia Court of Appeal

The Court of Appeal refused an extension of time to file an appeal record, dismissed related relief, and ordered only limited sealing of sensitive identity documents.

• Extension of time
• Stay pending appeal
• Sealing order
• Summary trial
• Duress
• Mistake

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Hermina Developments Inc. v. Epireon Capital Limited

Court

Court of Appeal for Ontario

There is a serious issue to be tried, but Hermina failed to establish irreparable harm because the Subject Property is not shown to be unique and any loss from closing can be compensated by damages; the balance of convenience favours respondents given longstanding unsuccessful sale attempts, the respondents' need to realize security and the growing debt exceeding the sale price, therefore a stay pending appeal is not in the interests of justice and is dismissed.

Source excerpt

• Stay pending appeal
• Sale of mortgaged property
• Irreparable harm
• Balance of convenience
• Sealing order
• Consent judgment

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Further Detention of Things Seized (Re)

Court

Supreme Court of British Columbia

The court granted a sealing order and a short extension to detain a cellphone and extracted data in an ongoing sexual-assault investigation, despite earlier delays.

• Further detention of seized items
• Sealing order
• Digital evidence
• Search and seizure
• Police diligence
• Seized-property-detention

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Randhawa v. Boegman

Court

Supreme Court of British Columbia

The court granted a sealing order and publication ban protecting voters’ names and identifying information in an election petition, subject to later review.

• Sealing order
• Publication ban
• Open court principle
• Voter privacy
• Judicial recount
• Electoral offences

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Wilson v. Gaukel

Court

Supreme Court of British Columbia

The court found Norman William Gaukel breached confidentiality and prior contempt orders, but imposed one day of incarceration and $500 special costs instead of the full suspended term.

• Breach of injunction
• Committal for contempt
• Suspended sentence enforcement
• Special costs
• Sealing order
• Use and disclosure of confidential information

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