Canada Case Law

Omega Formwork Inc. v. 778938 Ontario Limited

Court

Supreme Court of Nova Scotia

In Nova Scotia interlocutory procedural orders are not automatically subject to res judicata; however, a second motion to revisit consolidation may proceed only on judicial discretion and where the moving party shows a material change in circumstances or new evidence that seriously justifies reconsideration; Rule 37.05 permits severing parts of a proceeding including previously consolidated actions when that threshold is met; Omega failed to meet the threshold and the application to unwind consolidation was an abuse of process and therefore dismissed with costs.

Source excerpt

• Consolidation
• Severance
• Case management
• Interlocutory motions
• Res judicata
• Issue estoppel

Read case analysis

Brass Collar Capital Corp. v. The King

Court

Tax Court of Canada

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.

• Income tax act
• Income tax regulations s.306
• Tax court jurisdiction
• Mootness doctrine
• Motion to strike pleadings
• Affidavit admissibility

Read case analysis

Vance v. Reum

Court

Supreme Court of British Columbia

The associate judge applied the correct legal test, considered the relevant factors including the right to jury as one factor among many, and reasonably declined to consolidate or order joint trial while granting alternative relief permitting use of pretrial procedures and release of the implied undertaking; the appeal is dismissed and the associate judge's discretionary decision is entitled to deference.

Source excerpt

• Consolidation
• Joinder
• Pre-trial procedures
• Jury trial
• Implied undertaking
• Standard of review

Read case analysis

Sidhu v. Jain

Court

Court of Appeal for Ontario

The Court of Appeal held the RPLA applied to a claim for a beneficial interest in land or damages in lieu, and dismissed the appeal.

• Real property limitations act
• Limitations act, 2002
• Statute-barred claims
• Summary judgment
• Standing
• Consolidation

Read case analysis

Salloum v. Smith (Smiths IP)

Court

British Columbia Court of Appeal

The Court of Appeal refused to extend time to appeal, finding no arguable merit in the proposed appeal from striking and amendment orders. Stay and consolidation were also dismissed.

• Extension of time to appeal
• Striking pleadings
• Abuse of process
• Absolute privilege
• Stay of proceedings
• Consolidation

Read case analysis

Kideckel v. Kideckel

Court

Court of Appeal for Ontario

Motion denied. The Court of Appeal refused to extend time to perfect two appeals, finding the proposed appeals lacked merit and consolidation was unnecessary.

• Extension of time
• Consolidation
• Service of process
• Natural justice
• Motions to strike
• Default judgment

Read case analysis

Sidhu v. Jain

Court

Court of Appeal for Ontario

The order was final and appealable because the motion judge's application of the Real Property Limitations Act disposed of the appellants' limitations defence (a substantive right that could determine the entire action); therefore this Court has jurisdiction under s.6(1)(b) of the Courts of Justice Act. Given potential wasted cost and no additional prejudice, the Court stayed the operation of the motion judge's schedule pending resolution of the appeal and reserved costs to the panel hearing the appeal.

Source excerpt

• Limitation period
• Consolidation
• Summary judgment
• Stay pending appeal
• Appeal jurisdiction (final vs interlocutory)

Read case analysis

DLF Law Practice Incorporated v. McDonald

Court

Supreme Court of Nova Scotia

The court struck specified paragraphs identified in Schedule A as scandalous or non-compliant with pleading rules; held that conspiracy allegations in the consolidated Statement of Claim lack requisite particulars and are struck but granted leave to amend with a new separate section providing full particulars (identifying conspirators, dates, agreements, overt acts and particularized losses) without incorporation by reference; held that defamation allegations lack necessary particularity (exact words/publication particulars) and are struck but plaintiffs granted leave to amend; refused to str…

Source excerpt

• Pleadings
• Scandalous pleadings
• Particulars
• Conspiracy
• Defamation
• Abuse of process

Read case analysis

Raouf v. Canada (Citizenship and Immigration)

Court

Federal Court

Federal Court upheld refusal of an intra-company transferee work permit, finding no procedural fairness breach and that the officer’s decision was reasonable.

• Intra-company transferee (c12)
• Work permit
• Procedural fairness
• Reasonableness review
• Business plan assessment
• Consolidation

Read case analysis

Boltyansky v. Joseph-Walker

Court

Court of Appeal for Ontario

The motion judge correctly concluded, on the record and applying r.20.04(2) and Hryniak, that there was no genuine issue requiring a trial as to each respondent's entitlement to repayment of their proportionate share and agreed interest because the appellants produced no non-speculative evidence of respondent involvement in fraud; the summary judgment was appropriately made provisional and stayed to permit the inclusion of necessary non-party syndicated lenders and to regularize pleadings, and the Court of Appeal declined to disturb that exercise of discretion; appeal dismissed.

Source excerpt

• Provisional summary judgment
• Partial summary judgment
• Necessary parties
• Consolidation
• Stays
• Discovery

Read case analysis