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Contract law 2026 BCSC 791

McQueen v. Playgon Interactive Inc.

Court
Supreme Court of British Columbia

The second clause of s.5 of the Notes is unambiguous: "Subsequent Financing" means any financing completed after the Concurrent Financing that yields gross proceeds of $5,000,000 or greater to PI or PG; the May 2023 Financing met that plain meaning and therefore triggered PI's obligation to repay in full within five business days; PI did not repay and was in default; summary trial was appropriate to decide the issue.

Source excerpt

  • Promissory notes
  • Default
  • Contract interpretation
  • Summary trial
  • Financing
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Professional negligence 2026 BCCA 173

Diamant Cleaning Vancouver Inc. v. Li

Court
British Columbia Court of Appeal

The appeal is dismissed because the Court of Appeal found no palpable and overriding errors in the summary trial judge's factual findings that the solicitor obtained instructions to settle, that the client understood and consented to the mutual release, and that the solicitor's advice and conduct met the standard of a reasonably competent lawyer; therefore there was no basis to find solicitor's negligence.

Source excerpt

  • Solicitor's duty of care
  • Scope of retainer
  • Summary trial
  • Security for costs
  • Settlement and mutual release
  • Standard of review
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Family law 2026 BCSC 621

Jones v. Jones

Court
Supreme Court of British Columbia

The court concluded on the whole history of the family proceeding that the claimant habitually and persistently instituted proceedings that were vexatious because she repeatedly sought to relitigate issues already decided, engaged in deliberate and tactical delay, made an egregious misrepresentation to a judge and persisted in the same conduct thereafter, failed to comply with judicial directions and lacked insight; accordingly a limited s.18 order was necessary to prevent further abuse of process while preserving access to justice by requiring leave for new steps or proceedings related to th…

Source excerpt

  • Vexatious litigant orders
  • Abuse of process
  • Summary trial
  • Stay applications
  • Costs
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Family law 2026 BCSC 458

Tung v. Lu

Court
Supreme Court of British Columbia

Material facts must be pleaded for non-family civil claims in family proceedings; where pleadings contain no material facts the court may consider affidavit evidence to test whether claims are 'capable of being repaired' and whether they are bound to fail. Applying the law to the facts before the court, the judge struck or dismissed the non-family claims: all of Nancy's civil claims were struck; all but two of Anshan's civil claims were struck; the two surviving Anshan claims (conspiracy against Hans and breach of contract against CIBC) were dismissed on summary trial because Nancy's contrave…

Source excerpt

  • Pleadings and particulars
  • Striking pleadings
  • Summary trial
  • Breach of fiduciary duty
  • Intentional interference with economic interests
  • Conspiracy
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Contract law 2026 BCSC 415

Parhar v. West Point Pacific Construction (64th Ave) Ltd.

Court
Supreme Court of British Columbia

The Assignment Agreement contained material inconsistencies and ambiguities among clauses 5.2, 5.4 and 5.8 regarding payment amounts, payees and trust handling; the plaintiffs failed to adduce necessary evidence of surrounding circumstances to permit the court to find the facts required for a final determination. Consequently the defendants were not bound to lose and the court must dismiss both the R.9-6 summary judgment application and the R.9-7 summary trial application, while leaving the parties free to re-apply if they can adduce further evidence to establish the surrounding circumstances.

Source excerpt

  • Contract interpretation
  • Deposit
  • Assignment of contract
  • Summary judgment
  • Summary trial
  • Surrounding circumstances
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Civil procedure 2026 BCSC 485

Martelli v. Cressey Development Corporation

Court
Supreme Court of British Columbia

Plaintiff's action was dismissed because he failed, despite ample time and express warnings, to obtain necessary medical expert evidence establishing causation between alleged mould exposure and his respiratory condition; without that evidence causation could not be proved on the record and it was fair and just to proceed with the summary trial and dismiss the claim with costs to defendants.

Source excerpt

  • Summary trial
  • Causation
  • Expert evidence
  • Mould/mold exposure
  • Costs
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Contract 2026 BCCA 96

0842729 B.C. Ltd. v. Bank of Montreal

Court
British Columbia Court of Appeal

The Court dismissed the appeal, holding the summary trial judge did not err in proceeding summarily, his factual findings rejecting the defences were supported by the uncontested record and discovery, and there was no risk of double recovery because the guarantees imposed joint and several liability and the company had not paid the debt.

Source excerpt

  • Summary trial
  • Personal guarantee
  • Non est factum
  • Misrepresentation
  • Fraud
  • Unconscionability
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Contract law 2026 BCSC 271

Hoffman v. 1719349 Alberta Ltd.

Court
Supreme Court of British Columbia

Although the actions and claims are sufficiently common to permit joinder, the interests of justice and efficiency required severing and staying the realtor negligence claims and proceeding first with a summary trial of the contractual claims against 1719349 Alberta Ltd. and the Watts; the contractual issues are straightforward and capable of summary determination, whereas the negligence claims would require credibility findings and expert evidence that would delay resolution and undermine a prompt summary trial, and a stayed negligence claim can later proceed informed by the summary trial's…

Source excerpt

  • Joinder and separation of actions
  • Severance and stay
  • Summary trial
  • Standard of care for realtors
  • Damages and indemnity
  • Stay of execution
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Evidence 2026 BCSC 125

Sorace v. Sorace

Court
Supreme Court of British Columbia

The court found that plaintiff effectively waived privilege over documents in former counsel's file that attest to plaintiff's knowledge in 2020-2021 because plaintiff relied on privileged communications and the former lawyer swore affidavits that went beyond mere factual recounting and 'entered the fray', presenting an incomplete and at times inconsistent account on the central issue; fairness and consistency therefore required production of those documents.

Source excerpt

  • Waiver of privilege
  • Implied waiver
  • Limitation act s.6 and s.12(2)
  • Summary trial
  • Costs
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Family law 2026 BCSC 58

Allen v. Allen-Bakshi

Court
Supreme Court of British Columbia

Summary trial was appropriate given sufficient evidentiary record and urgency from the mother's and S.'s precarious immigration status; on the merits the relocating guardian satisfied s.69(4) good faith and presented reasonable, workable arrangements and relocation to Germany was found to be in K.'s best interests under s.37 and s.38 (mother primary caregiver, German residency and medical coverage, familial support, father's limited ability to facilitate parenting time and compliance concerns), therefore final orders permitting relocation and setting parenting time and parental responsibiliti…

Source excerpt

  • Relocation
  • Parenting time
  • Guardianship
  • Summary trial
  • Best interests of the child
  • Family law act s.69
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About this LexChat collection

Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.