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The Tax Court struck moot portions of Brass Collar’s appeal and parts of an affidavit, holding there was no live tax controversy and no basis to continue.
The court dismissed a defamation claim under British Columbia’s anti-SLAPP law, found the defendant’s podcast related to public interest, and awarded full indemnity costs.
The court admitted as narrative (not for the truth of their contents) affidavit passages that recount statements made by another affiant who will be available for cross-examination; the court struck or redacted passages that constituted pure hearsay, added details not contained in the declarant's affidavit, or amounted to opinion or argument. Specific paragraphs were ordered struck or redacted as set out in the orders.
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The Federal Court dismissed DHL’s summary judgment motion, holding Rona validly terminated the BSA under the DTA and DHL had not proven deadfreight owing for the contested period.
Applying Rule 39.04(2) the court conducted a line-by-line admissibility review: it struck affidavit material that was irrelevant, conclusory legal submissions, post-decision communications, unsupported hearsay and pejorative labels (e.g. 'uncivil','reprehensible','unprofessional') while admitting factual first‑hand accounts, contemporaneous litigation communications with counsel and evidence that bore a clear connection to costs; the court held that extrajudicial conduct can be admissible for costs only where there is a clear and compelling connection to the twin objectives of costs (indemnif…
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The court sustained the Municipality's objections in part and ordered redaction/striking of specified paragraphs and portions of the Arni B. Lively affidavit because those passages were speculative, constituted inadmissible opinion or submissions, were hearsay without proper sourcing or belief statements, or were irrelevant absent a factual nexus to Lively's claimed delays; paragraphs 18-20, 25, 29-30, 45-48, 51, 62-70, parts of 71 and 74, 73 and 76 are to be redacted/struck as detailed in the judgment, while other challenged paragraphs (eg. 13-17) were left intact; costs are reserved to be d…
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Recusal denied because plaintiff did not meet the high objective threshold for reasonable apprehension of bias; the court granted limited procedural accommodations but found no cogent evidence of bias. The pleaded claims against defendants represented by the Attorney General are declared nullities because plaintiff failed to comply with mandatory PACA requirements (two months' prior written notice served on the Attorney General, correct style and service), and informal emails one week before filing do not satisfy the statute; requests for interim state funding, addition of default-judgment mo…
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Judicial review of White Rock permit conditions was dismissed. The court upheld requirements to remove part of an encroaching retaining wall and to separate redevelopment from it.
The court refused to convert an oppression petition into an action, ordered targeted document disclosure and in-court cross-examination, and left affidavit admissibility objections to be revisited later.
The Federal Court dismissed a judicial review of the Minister’s refusal to waive Part X.1 tax on excess RRSP contributions, finding the decision reasonable.
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