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The Federal Court dismissed a judicial review seeking to stop removal until a spousal sponsorship was decided and to compel a decision by mandamus.
The Court certified the action as a class proceeding because the pleadings, read generously and assuming pleaded facts true, disclose viable causes of action for negligence, breach of fiduciary duty, misfeasance in public office against Canada and the Province in respect of post-immunity periods and as to the Indigenous Subclass, battery/medical negligence and breach of fiduciary duty against Dr. MacKenzie as properly pleaded, there is some evidence of an identifiable class and Indigenous subclass of two or more, and the claims raise common issues the determination of which will materially ad…
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The court dismissed Axion's declaratory relief application because the Bonner Parties validly stood as contingent plaintiffs under their alternative pleading and the trustee's absence did not justify a stay or bar Bonner/Jess from prosecuting NextPlay's claim at this stage; the court denied leave to amend to add extensive new counterclaims mid-trial because the proposed amendments were untimely, raised matters outside the trial's scope, appeared statute-barred or belonged to other entities (NextPlay or Axion) and their admission would prejudice Axion and disrupt trial fairness; allegations of…
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The Federal Court held that no six-year limitation period applies to a citizenship revocation action under s. 10.1(1) of the Citizenship Act, so the summary judgment motion was dismissed.
The court found on the totality of the evidence that occupier Darcy Jovic knew of and permitted the ongoing storage, repair and sale of third‑party and unlicensed vehicles at 2616 Viola Place in breach of the Zoning Bylaw; because a bylaw breach was established the court granted declaratory relief and a statutory injunction to prevent future contraventions, but declined to order Jovic to obtain a business licence due to insufficient evidence of his direct commercial operation.
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Bylaw 2000 cannot be read to allocate repair and maintenance of common property that is not solely attributable to one section to only that section; the building envelope and related common property of the Mixed-Use Building are common property for which the Strata Corporation is responsible, and all owners must contribute to repair and maintenance costs in proportion to unit entitlement.
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The Impugned Order had been rescinded and no tangible live controversy remained; therefore the applicants' claims were moot and the Court declined to exercise its residual discretion because the adversarial context, considerations of judicial economy, and respect for the Court's proper adjudicative role weighed against hearing an academic and broad inquiry.
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The Court of Appeal dismissed an appeal from an order striking a petition challenging British Columbia’s short-term rental law as premature, hypothetical, and not fit for declaratory relief.
The Notice of Application was struck in its entirety because the appended Grounds violated fundamental pleading rules by pleading evidence, opinion, argument and immaterial facts, making allegations against non-parties, and thereby constituting scandalous pleadings and an abuse of process under Rule 88; the pleading also failed to provide full particulars for an asserted fraud claim under Rule 38.03(3); leave was granted to re-file a Rule-compliant Notice within three months and specified timelines for costs submissions were ordered.
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The Supreme Court of British Columbia held that BCFSA’s Regulatory Statement 24-008 was not a reviewable statutory power and dismissed LGM’s petition.
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