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The court struck an amended notice of civil claim against opposing counsel, holding the pleaded allegations were barred by litigation immunity and disclosed no reasonable cause of action.
The court refused to dismiss the action for alleged spoliation of emails and G Suite data, finding the evidence insufficient and reserving the issue for trial.
Registrar correctly dismissed the appeal because the judicially imposed 30‑day perfection deadline (30 days from receipt of Ramsay J.'s June 27, 2023 reasons) was clear and binding and the Registrar had no power to vary it; the motion judge refused to set aside the dismissal and to extend time because the appellant offered no satisfactory evidentiary explanation for the delay, the delay prejudiced respondents seeking finality, and the appeal lacked sufficient arguable merit such that justice did not require an extension.
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The court removed this construction dispute from fast-track, awarded Scale B costs to judgment, and refused double costs because the formal offer allowed too little time.
On the balance of probabilities the Tribunal found that complainant did not prove that race, colour or national or ethnic origin were factors in CBSA's treatment or in the failed D-II assessment and that POERT was not shown to be systemically discriminatory; further, destruction of handwritten assessor notes, while regrettable and reflecting recordkeeping weaknesses, did not meet legal test for spoliation and no adverse inference was drawn.
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On the balance of probabilities the Court found the Plaintiff slipped on a puddle of water in reception and struck his head; the Defendant (as occupier) failed to establish an adequate, enforced regime of inspection/maintenance/monitoring and therefore breached the statutory duty; the CCTV was overwritten pursuant to a permissive six‑day retention policy and not intentionally destroyed for litigation so no adverse presumption arose; contributory negligence was not proven; causation of certain ongoing cognitive deficits and post‑concussive headaches was accepted but some pre‑existing condition…
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On the balance of probabilities the Tribunal found that Linden Gordon sexually harassed and assaulted Tesha Peters (recorded voicemails, corroborating witnesses and medical notes, and credibility findings). Under s.65(1) UPS is vicariously liable for acts of its employee. UPS could not establish the conjunctive requirements of s.65(2): it failed to show it did not consent (policy and communications were inadequate and not effectively applied to the harasser), it failed to exercise all due diligence to prevent harassment (training and policy deficiencies), and it failed to exercise due diligen…
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The court allowed a amended claim to plead alleged spoliation as an evidentiary issue, struck improper tort-style allegations, and struck the existing reply.
The Federal Court dismissed a motion to set aside a Mareva injunction in a counterfeit-trade mark case and continued the asset freeze, awarding costs.
The Federal Court granted summary judgment for the Crown, dismissing a damages action arising from the refusal of sponsorship and permanent residence applications.
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