Canada Case Law

Mazac v. Muise

Court

Supreme Court of Nova Scotia

The court held that while the amendments did not create a new cause of action, they introduced a new head of damages (physical pain and health effects) that raises causation and mitigation issues necessitating review of extensive medical records and re-discovery; accordingly a conditional costs award approximating the Defendant's reasonable additional expenses ($20,000) was appropriate unless the Plaintiff discontinues those damage claims within the prescribed timeframe. Separately, the Plaintiff's voluminous, repetitive and often inadmissible affidavit material, inadequate preparation and re…

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• Costs awards
• Amendment of pleadings
• Discovery obligations
• Admissibility of affidavit evidence
• Use of ai in court submissions
• Causation

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Ghai v. Macropus Global Ltd.

Court

Supreme Court of British Columbia

The court ordered further document disclosure in a construction dispute, including an unredacted hazmat report, and rejected requests for a police investigation and private investigator.

• Document production
• Discovery obligations
• Worksafebc compliance
• Asbestos contamination
• Expert appointment
• Police investigation request

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Yen v. Ghahramani

Court

Supreme Court of British Columbia

The Supreme Court of British Columbia dismissed an application to re-open a 44-day trial based on post-trial disclosure of Lee Documents, finding no miscarriage of justice or likely change in result.

• Re‑opening trial
• Document disclosure
• Discovery obligations
• Credibility assessment
• Miscarriage of justice
• Rule 7‑5 pre‑trial examination

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Urbanowski Estate v. Canada

Court

Federal Court of Appeal

The Federal Court of Appeal upheld the Tax Court's conclusion that there was no abuse of process because the appellants failed to establish unjustified and prejudicial delay or that they were prevented from advancing their own appeals, the appeals had been held in abeyance at the appellants' request, the Crown had expressly refused to be bound by the lead case findings given s.163(2)'s factual dependency, and the Tax Court's factual assessments were not palpably and overridingly erroneous.

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• Gross negligence penalty under s.163 ita
• Abuse of process
• Delay and abeyance
• Discovery obligations
• Precedential effect of lead cases

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Yen v. Ghahramani

Court

Supreme Court of British Columbia

The court ordered further and better answers to interrogatories, finding Yen had not made reasonable inquiries and must use records in his possession or control.

• Interrogatories
• Further and better answers
• Reasonable inquiry
• Discovery obligations
• Costs
• Discovery-obligations

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Conseil scolaire francophone de la Colombie-Britannique v. British Columbia

Court

Supreme Court of British Columbia

The trial was adjourned because the Conseil's incomplete and inadequately supervised document discovery created a substantial risk of unfairness that could not be remedied before the scheduled September 2023 date; the adjournment is necessary in the interests of justice, a new trial window was fixed for June 3 to August 6, 2024, and the Conseil must pay defendants' costs thrown away assessed as special costs, with the judicial review to proceed on October 2, 2023.

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• Section 23 charter rights
• Adjournment
• Discovery obligations
• Special costs
• Judicial review
• Case management

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Choptiany v. The King

Court

Tax Court of Canada

The Tax Court allowed five income tax appeals after repeated Crown discovery defaults, incomplete disclosure, and non-compliance with prior orders.

• Discovery obligations
• Sanctions for non-compliance
• Gross negligence penalty s.163(2)
• Costs (solicitor-client)
• Judicial case management
• Discovery-obligations

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Milly v. Kapelus

Court

Supreme Court of British Columbia

The court struck the defendants’ pleadings for repeated discovery non-compliance and obstruction, finding no lawful excuse and no lesser sanction sufficient.

• Dismissal for non-compliance
• Discovery obligations
• Sanctions and special costs
• Certificate of pending litigation
• Breach of trust
• Adjournment and trial management

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Han-Earl Consulting Ltd. v. 1048661 BC Ltd.

Court

Supreme Court of British Columbia

The court awarded Han-Earl costs at Scale B, denied double costs, and rejected the defendants’ request to deprive the plaintiff of costs.

• Costs awards
• Offer to settle
• Double costs
• Misconduct and costs
• Summary trial
• Discovery obligations

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Ever Fresh Direct Foods Inc. v. Jamia Islamia Canada Ltd.

Court

Court of Appeal for Ontario

The motion judge correctly found the appellant bore responsibility for prolonged, unexplained delay that was inordinate and inexcusable, that the delay gave rise to a reasonable inference of prejudice to a fair trial due to memory loss and lack of discoveries, and therefore dismissal of the action and discharge of the certificate of pending litigation was justified; the Court of Appeal declined to interfere with those findings.

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• Dismissal for delay
• Trial readiness
• Discovery obligations
• Certificate of pending litigation
• Prejudice to fair trial

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