Canada Case Law

Satguru Ram Singh Satsang Charitable Foundation v. Akalirai

Court

Supreme Court of British Columbia

The court found the gift valid because the donor initiated and pursued the donation, received independent legal advice with a signed certificate confirming understanding, there was no unlawful threat or compulsion, and the evidence of third-party pressure was not credible or sufficient to establish duress; therefore the deed of gift and transfer are effective and irrevocable.

Source excerpt

• Gift deed
• Duress
• Undue influence
• Capacity
• Independent legal advice
• Parens patriae

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Bockhold v. CIBC Wood Gundy

Court

British Columbia Court of Appeal

The chambers judge rightly granted summary judgment because the counterclaim duplicated the appellant's defence to the enforcement action and was not inextricably interwoven with unrelated mass allegations, and because the record did not plead or support a triable issue of duress or other misconduct by the respondent; accordingly no genuine issue for trial existed on the enforceability of the settlement agreement.

Source excerpt

• Summary judgment
• Enforceability of settlement agreement
• Duress
• Counterclaim interplay
• Fraudulent misrepresentation
• Evidence and document production

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R. v. Majedi

Court

Supreme Court of British Columbia

At a Gardiner hearing in sentencing, the court made limited factual findings on coercion and drug use, but deferred any final legal ruling on duress.

• Duress/coercion
• Gardiner hearing
• Credibility assessment
• Drug trafficking
• Pregnancy and addiction in sentencing
• Gardiner-hearing

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R. v. Reyes

Court

Court of Appeal for Ontario

The Ontario Court of Appeal dismissed two criminal appeals by Althea Reyes, upholding guilty plea convictions, an obstruction of justice conviction, and sentence-related rulings.

• Guilty plea
• Plea inquiry
• Duress
• Conditional sentence
• Breach of conditional sentence
• Perjury

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A.S.M v. J.W.M.

Court

Supreme Court of British Columbia

The court held the parties formed a binding family settlement and refused to set it aside for alleged non-disclosure, duress, or unconscionability.

• Settlement agreement enforcement
• Financial disclosure / non-disclosure
• Dissipation of assets
• Spousal support
• Child support and s.7 expenses
• Duress

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Andersen v. Andersen

Court

British Columbia Court of Appeal

The Court of Appeal dismissed Tim Andersen’s application to vary an order dismissing his appeal as abandoned for failure to post security for costs.

• Security for costs
• Dismissal as abandoned
• Duress
• Chambers review
• Self-represented litigant
• Security-for-costs

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Tambosso v. Nguyen

Court

British Columbia Court of Appeal

The Court of Appeal refused an extension of time to file an appeal record, dismissed related relief, and ordered only limited sealing of sensitive identity documents.

• Extension of time
• Stay pending appeal
• Sealing order
• Summary trial
• Duress
• Mistake

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Martin v. Ferguson

Court

Supreme Court of British Columbia

The court dismissed a specific performance claim over rural property after finding the contract terminated when buyer conditions were not removed by the deadline.

• Specific performance
• Conditions precedent
• Duress
• Undue influence
• Repudiation
• Contract termination

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Attwa c. Canada (Sécurité publique et Protection civile)

Court

Federal Court

La Cour fédérale rejette le contrôle judiciaire d’une décision d’interdiction de territoire pour sécurité, jugeant la décision raisonnable malgré une erreur mineure sur la preuve de contrainte.

• Inadmissibility for security under s.34(1)
• Membership in organization
• Duress/compulsion defence
• Standard of review
• Immigration-law
• Judicial-review

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R. v. Richer

Court

Court of Appeal for Ontario

The trial judge correctly removed the duress defence because the evidentiary record did not disclose an express or implied proximate threat or causal nexus; although the trial judge erred in giving an overly broad similar fact instruction about prior drug purchases, that error did not cause a miscarriage of justice because the evidence of guilt was overwhelming and the curative proviso applies; the sentencing judge erred in principle by minimizing rehabilitative progress and failing to adequately consider family separation consequences, warranting reduction of the four‑year sentence to three…

Source excerpt

• Duress
• Air of reality test
• Similar fact evidence
• Curative proviso
• Jury instructions
• Family separation consequences

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