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Canada Case Law

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Constitutional law 2021 BCCA 127

Yahey v. British Columbia (Attorney General)

Cowichan Nation Plaintiffs were granted leave to intervene in an appeal about hearing fees and Indigenous rights, on the basis of a direct interest and a limited, distinct perspective.

  • Section 35 constitution act, 1982
  • Honour of the crown
  • Intervention/standing
  • Court hearing fees
  • Undrip
  • Declaration of inconsistency
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Constitutional law 2020 BCSC 278

Yahey v. British Columbia

The court held that daily hearing fees were unconstitutional as applied to Indigenous plaintiffs pursuing s. 35(1) treaty rights at trial, and read the fee rule down accordingly.

  • Section 35(1)
  • Honour of the crown
  • Reconciliation
  • Court hearing fees
  • Rule 20-5
  • Appendix c schedule 1 item 10
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Equity 2012 BCSC 237

Bradshaw v. Stenner,

Post-trial reasons awarded special costs, allowed set-off, denied punitive damages, and ordered hearing fees paid from frozen accounts.

  • Declaration of trust
  • Special costs
  • Summary assessment of costs
  • Equitable set-off
  • Punitive damages
  • Accounting
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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.