Canada Case Law

Bilsbury v. Saint Mary’s University

Court

Supreme Court of Nova Scotia

The Amended Record filed March 2, 2026 was not complete; the record must consist of all materials that were before the Senate Executive Committee. The Respondent must produce a paper Record comprising the March 2, 2026 Amended Record with specified additions and corrections: all hyperlinked documents used in submissions (with best efforts to retrieve broken links or a notation in the index if unobtainable), fulsome versions of missing-content PDFs (reactivation applications at Tab B(2) and Tab C(1)), attachments to the November 30, 2023 email consolidated in the same tab, and the hearing note…

Source excerpt

• Judicial review
• Record production
• Administrative record
• Admission of fresh evidence
• Deliberative secrecy
• Tribunal/member notes

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R. v. M.W.

Court

Court of Appeal for Ontario

The Ontario Court of Appeal dismissed most of a sentence appeal in a child sexual offence case, set aside one unavailable prohibition order, and admitted fresh Gladue-related evidence.

• Sentence appeal
• Double-counting of aggravating factors
• Gladue principles
• Section 161(1) prohibition
• Section 109(3) lifetime weapons prohibition
• Admission of fresh evidence

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Royal Bank of Canada v. Suretrust Systems Inc.

Court

Court of Appeal for Ontario

Ontario Court of Appeal dismissed a motion to review refusal of an extension of time to appeal, and declined to admit fresh evidence. Costs were awarded to the receiver.

• Extension of time to appeal
• Admission of fresh evidence
• Prejudice
• Costs award
• Appellate review standard
• Extension-of-time-to-appeal

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Aslam v. Canada (Citizenship and Immigration)

Court

Federal Court

The Federal Court dismissed judicial review of a Refugee Appeal Division decision, finding the credibility and evidence assessment unreasonable challenge failed.

• Credibility assessment
• Admission of fresh evidence
• Judicial review standard of review
• Reavailment
• Country condition evidence
• Medical evidence

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Haytham Elzayat v. Rogers Communication

Court

Court of Appeal for Ontario

The Court of Appeal for Ontario dismissed Haytham Elzayat’s appeal from an order striking his discrimination claim against Rogers Communication and held the fresh-evidence motion failed.

• Tort of discrimination
• Jurisdictional exclusivity of human rights statutes
• Limitations act 2002 s.4 s.5 s.7 (capacity)
• Admission of fresh evidence
• Effect of release
• Human-rights

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Gesner v. Coast Capital Savings Federal Credit Union

Court

British Columbia Court of Appeal

The fresh evidence was inadmissible because it could have been obtained with due diligence and would not have changed the outcome; the evidence did not establish breach of contract, negligence (any alleged negligence caused no loss) or a fiduciary relationship between Coast Capital and the appellant; and the summary trial procedure was not procedurally unfair.

Source excerpt

• Breach of contract
• Negligence
• Breach of fiduciary duty
• Admission of fresh evidence
• Procedural fairness
• Banking operations

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Fakeley v. CH 2 Holdings Ltd.

Court

Supreme Court of British Columbia

The petition is dismissed because the earlier cheque in the landlord's possession did not establish that rent had been paid or would have cleared within the five-day period; there was no basis to admit fresh evidence or to conclude the RTB process was unfair, and the RTB's application of the statutory presumption in s.46(5)(a) was not patently unreasonable.

Source excerpt

• Non-payment of rent
• Order of possession
• Admission of fresh evidence
• Procedural fairness
• Statutory presumption
• Stay/deferment

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Alipio Ruiz v. Canada (Citizenship and Immigration)

Court

Federal Court

The Federal Court allowed judicial review of a RAD decision in a refugee matter, finding the nexus analysis was unreasonable though the new-evidence ruling was upheld.

• Admission of fresh evidence
• Nexus to agent of harm
• Section 97 risk assessment
• Standard of review - reasonableness
• Country conditions evaluation
• New-evidence

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Perez Sanchez v. Canada (Citizenship and Immigration)

Court

Federal Court

The Federal Court dismissed judicial review of a RAD decision that excluded fresh evidence and upheld a negative credibility finding in a refugee claim.

• Credibility findings
• Admission of fresh evidence
• Judicial review standard of review
• Procedural fairness
• Judicial-review
• Fresh-evidence

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Iliuta v. Li

Court

Court of Appeal for Ontario

The appeal is dismissed: the Court upheld the trial judge's factual and credibility findings as entitled to deference, affirmed imputation of income to the appellant at $50,000 ongoing, upheld parenting arrangements including sole decision‑making for the respondent, found the marriage contract valid and enforceable (including exclusion of 39% of townhouse market value), confirmed the trial allocation of s.7 expenses, refused admission of fresh evidence, and awarded costs of $10,000 to the respondent.

Source excerpt

• Parenting arrangements
• Imputation of income
• Section 7 expenses (child support guidelines)
• Validity of marriage contract
• Equalization of net family property
• Admission of fresh evidence

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