Canada Case Law

Brar v. Kaler

Court

British Columbia Court of Appeal

Leave to appeal denied because the proposed appeal lacked sufficient significance to practice and to the action, did not meet the merits threshold given the discretionary nature of the chambers decision and record evidence of potential prejudice, and although oral submissions were limited there was no manifest unfairness or actual prejudice warranting appellate intervention; therefore it is not in the interests of justice to grant leave.

Source excerpt

• Divorce pending resolution of corollary relief
• Severance of issues
• Procedural fairness (audi alteram partem)
• Standard of review for discretionary decisions
• Prejudice from loss of spousal status
• Costs

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British Columbia (Director of Civil Forfeiture) v. Norgan

Court

Supreme Court of British Columbia

La Cour a interdit la découverte sur la question de la qualité pour agir de M. Norgan en contexte de confiscation civile, en appliquant Jones à la phase Charte.

• Standing to raise charter challenges
• Examination for discovery
• Severance of issues
• Search and seizure
• Exclusion of evidence
• Compounding charter breaches

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Sawatzky v. St. Johns Street Liquor Store Ltd.

Court

Supreme Court of British Columbia

Costs reasons after dismissal of a trip-and-fall claim: the defendant received Scale B costs and double costs from January 22, 2024, after a reasonable offer to settle was not accepted.

• Premises liability
• Standard of care
• No-evidence motion
• Offers to settle
• Double costs
• Expert evidence admissibility

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Stoeff v. Stephenson

Court

Supreme Court of British Columbia

Summary trial dismissed a trip-and-fall claim after the court found liability could be decided under Rule 9-7 and the tote bag was plainly visible.

• Rule 9-7 summary trial
• Duty of care
• Severance of issues
• Liability determination
• Standard of plaintiff awareness
• Summary-trial

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Bayat v. Nguyen

Court

Supreme Court of British Columbia

The court ordered the relationship issue tried first in this family law dispute, postponing discovery on beneficial interests and scheduling a 10-day trial.

• Marriage-like relationship
• Beneficial interest in property
• Severance of issues
• Parenting agreement
• Child support
• Unjust enrichment

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Volkers v. Emcon Services Inc.

Court

Supreme Court of British Columbia

The court granted Emcon’s application to sever liability from damages in a highway tree-fall personal injury case, ordering the March 2025 trial to proceed on liability only.

• Severance of issues
• Standard of care
• Causation
• Summary trial
• Costs
• Severance-of-issues

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Adams v. Adams

Court

Supreme Court of British Columbia

The court struck a jury notice and dismissed a Rule 12-5(68) application to have damages heard by jury after liability had already been tried by judge alone.

• Severance of issues
• Mode of trial
• Jury notice
• Adjournment
• Costs
• Severance-of-issues

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Tyler v. Halifax Convention Centre Corporation

Court

Supreme Court of Nova Scotia

The motion to sever was dismissed because the HRM Defendants failed to show that the benefits of severing issues of fault from damages outweighed the advantages of trying them together; causation is interwoven with liability given the plaintiff's extensive pre-existing medical history, severance risks delay (including likely appeals) and would not materially expedite resolution, and the defendants did not meet the onus required to demonstrate severance was just and convenient.

Source excerpt

• Severance of issues
• Causation
• Admissibility of evidence
• Expert evidence
• Discovery
• Costs

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Liu v. British Columbia (Director of Civil Forfeiture)

Court

British Columbia Court of Appeal

The Court of Appeal dismissed a civil forfeiture appeal from an order refusing severance of Charter issues and postponement of discovery, finding no error in principle.

• Severance of issues
• Postponement of discovery
• Charter breaches
• Exclusion of evidence
• Standard of review
• Interests of justice

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Mack v. Blakey

Court

Supreme Court of British Columbia

The court severed liability from quantum in two related motor vehicle negligence actions and ordered the liability trials to proceed together in Prince George.

• Severance of issues
• Consolidation/omnibus trial
• Trial management
• Venue
• Liability versus quantum
• Costs

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