Canada Case Law

Marida Holdings Ltd. v. Wang

Court

British Columbia Court of Appeal

The Court held that the substitutional service order granted by the chambers judge conferred standing on the respondent to apply under R.22-1(3); the chambers judge correctly applied the three Ibrahim factors and reasonably found the respondent was not guilty of willful delay or default, so there was no palpable and overriding error of fact or legal error in setting aside the damages assessment and default judgment (the default judgment was properly set aside under R.3-8(11)).

Source excerpt

• Default judgment
• Damages assessment
• Substitutional service
• Service of process
• Set aside under r.22-1(3)
• Set aside under r.3-8(11)

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Morris v. Heise

Court

Supreme Court of British Columbia

The Court accepted a transfer of jurisdiction from Alberta to the BC Supreme Court, but dismissed without prejudice requests to reiterate or enter earlier orders.

• Transfer of proceedings
• Discharge and amendment of foreign orders
• Court jurisdiction and proceedings transfer act s.13(1)(b)
• Substitutional service
• Provincial court jurisdiction
• Family-law

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Marida Holdings Ltd. v. Wang

Court

Supreme Court of British Columbia

The court set aside a damages assessment and default judgment after accepting the defendant was entitled to notice, had not willfully defaulted, and showed arguable defences.

• Setting aside default judgment
• Damages assessment
• Substitutional service
• Rule 22-1(3)
• Inherent jurisdiction
• Service of process

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Tao v. Yin

Court

Supreme Court of British Columbia

The court found contempt had been purged but still imposed a $2,500 fine and fixed special costs at $25,000 for the defendants’ delayed compliance.

• Sanctions for contempt
• Substitutional service
• Adjournment conditions
• Special costs
• Civil-contempt
• Special-costs

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Pandya v. Currie

Court

Supreme Court of British Columbia

The court admitted fresh evidence, found the renewal application was promptly brought once the lapse was discovered, and renewed the notice of civil claim for six months.

• Service of process
• Renewal of claim
• Substitutional service
• Insurer indemnity/step-in
• Service-of-process
• Renewal-of-claim

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Chongqing Shenggang Trading Co., Ltd. v. Yang

Court

Supreme Court of British Columbia

The court refused to enforce a Chinese default judgment, finding the defendant had not received actual notice and was denied a fair opportunity to defend.

• Service of process
• Substitutional service
• Natural justice
• Fraud in foreign proceedings
• Recognition and enforcement
• Default judgment

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Gesner v. Coast Capital Savings Federal Credit Union

Court

British Columbia Court of Appeal

The Court of Appeal granted an extension of time to file the appellant’s factum, but refused to add new respondents or allow substitutional service in the appeal.

• Extension of time
• Adding parties (rule 18)
• Substitutional service
• Summary trial
• Fresh/fresh evidence (palmer test)
• No fees order

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Canada (Minister of National Revenue) v. Bank of Montreal

Court

British Columbia Court of Appeal

The Court of Appeal granted an extension of time and substitutional service for the Attorney General’s appeal materials, but found nunc pro tunc approval of prior mail service unnecessary.

• Extension of time
• Service of process
• Substitutional service
• Leave to appeal
• Nunc pro tunc relief
• Extension-of-time

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Vabuolas v. British Columbia (Information and Privacy Commissioner)

Court

British Columbia Court of Appeal

The Court of Appeal granted an urgent application to abridge time and allow substitutional service of a notice of appeal by email and residential delivery.

• Substitutional service
• Urgent applications
• Service of process
• Judicial review
• Alternative service orders
• Substitutional-service

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Lonking (China) Machinery Sales Co. Ltd. v. Zhao

Court

Supreme Court of British Columbia

The BC Supreme Court refused recognition of two Chinese default judgments, finding service by publication and mail did not give the defendants adequate notice.

• Service of process
• Natural justice
• Jurisdiction
• Default judgment
• Substitutional service
• Notice

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