Canada Case Law

2026 Comp Trib 20 - Order and Reasons (Rule 119(3) Motion) CT-2025-008

Court

Competition Tribunal

The Tribunal granted leave to file both the Tarlton responding affidavit and the Robles reply affidavit because each adduced specific, circumscribed factual evidence relevant to the s.103.1 leave-stage screening, the Robles material was directly responsive to ambiguous and potentially misleading statements in Tarlton, and no prejudice was shown.

Source excerpt

• S.103.1 leave
• Public interest standing
• Abuse of dominance
• Admissibility of affidavit evidence
• Rule 119(3)
• Rule 2

Read case analysis

Mazac v. Muise

Court

Supreme Court of Nova Scotia

The court held that while the amendments did not create a new cause of action, they introduced a new head of damages (physical pain and health effects) that raises causation and mitigation issues necessitating review of extensive medical records and re-discovery; accordingly a conditional costs award approximating the Defendant's reasonable additional expenses ($20,000) was appropriate unless the Plaintiff discontinues those damage claims within the prescribed timeframe. Separately, the Plaintiff's voluminous, repetitive and often inadmissible affidavit material, inadequate preparation and re…

Source excerpt

• Costs awards
• Amendment of pleadings
• Discovery obligations
• Admissibility of affidavit evidence
• Use of ai in court submissions
• Causation

Read case analysis

Choi v. Canada (Attorney General)

Court

Federal Court

The Federal Court dismissed two judicial review applications by Munchang Choi concerning DFO recruitment processes and a Public Service Commission refusal to investigate.

• Prematurity and exhaustion of remedies
• Procedural fairness
• Reasonableness review
• Atip disclosure
• Duty to accommodate
• Merit principle

Read case analysis

Re Beals Estate

Court

Supreme Court of Nova Scotia

The Court found the will was validly executed in compliance with s.6 of the Wills Act; although the original could not be located and the presumption of revocation arose, that presumption was rebutted on the balance of probabilities by contemporaneous photographs of the executed will, the unexecuted copy from the solicitor’s file matching the executed form, witness testimony corroborating the will’s terms and testamentary intent, and evidence that the testator lacked physical capacity after her last stroke to have destroyed the will; accordingly Proof in Solemn Form was granted for the photog…

Source excerpt

• Will execution formalities
• Presumption of revocation of wills
• Proof in solemn form
• Admissibility of affidavit evidence
• Hearsay and corroboration (s.45 evidence act)
• Section 8a writings

Read case analysis

Tobin v. Smith

Court

Supreme Court of Nova Scotia

The court allowed the motion in part: paragraphs 7, 8, 9, 11 and 14 of the Applicant's October 2, 2025 affidavit are struck as argument/speculation/irrelevant; paragraph 5 of that affidavit is retained; the October 15, 2025 'Response to Notice of Contest' is not struck because it is unsworn submissions (admissibility at hearing for the trial judge); the entire October 16, 2025 and October 27, 2025 supplementary affidavits are struck for being filed without leave under CPR 5.17 and for consisting entirely of legal argument or inadmissible material; costs for the motion are fixed in the cause a…

Source excerpt

• Motions to strike affidavits
• Admissibility of affidavit evidence
• Supplementary affidavits
• Cpr 39.04
• Cpr 5.17
• Costs

Read case analysis

Abdulaziz v. Canada (Attorney General)

Court

Federal Court of Appeal

The motion to strike the specified affidavit paragraphs was dismissed because an advance ruling striking them was not clearly warranted: paragraphs 1–13 were acceptable as background; paragraphs recounting viva voce evidence were permissible in the absence of a transcript and not shown to materially prejudice the respondent; argumentative material could be ignored by the hearing panel. The respondent was granted a 20-day extension to serve its affidavits.

Source excerpt

• Judicial review
• Admissibility of affidavit evidence
• Procedural fairness
• Motions to strike
• Extensions of time

Read case analysis

International Longshore and Warehouse Union Canada v. Canada (Public Safety and Emergency Preparedness)

Court

Federal Court

The Federal Court dismissed a union’s judicial review of a CBSA work-permit exemption for foreign crew, finding no standing, no jurisdiction, and mootness.

• Standing
• Justiciability and jurisdiction
• Mootness
• Work permit exemptions (s.186, s.187 regulations)
• Admissibility of affidavit evidence
• Judicial-review

Read case analysis

Sanaie v. Chen

Court

Supreme Court of British Columbia

The court dismissed a petition for leave to bring a derivative action, finding the applicant had not proven good faith or that the proposed claims were in the company’s best interests.

• Derivative action (ss.232-233 bca)
• Breach of fiduciary duty
• Good faith requirement
• Best interests of the company
• Admissibility of affidavit evidence
• Costs (scale b)

Read case analysis

Lill c. Canada (Procureur général)

Court

Federal Court

Requête rejetée : le demandeur n’a pas prouvé des « circonstances particulières » pour permettre le témoignage oral d’un témoin au contrôle judiciaire.

• Rule 316 (testimony regarding issue of fact)
• Admissibility of affidavit evidence
• Oral testimony at judicial review
• Use of written interrogatories (rule 99)
• Objections and rule 97 procedure
• Costs under rules 400 and 407

Read case analysis

Williams v. Nova Scotia (Attorney General)

Court

Supreme Court of Nova Scotia

Affidavits filed in support of a class certification motion must contain admissible evidence; hearsay may be admitted only where permitted and the source and deponent's belief are identified; opinion evidence requires a properly qualified expert; the "some basis in fact" standard for certification must be met using admissible evidence, and inadmissible portions of affidavits must be struck.

Source excerpt

• Certification
• Admissibility of affidavit evidence
• Hearsay
• Expert evidence
• Affidavit exhibits

Read case analysis