Canada Case Law

R. v. S.C.W.

Court

British Columbia Court of Appeal

s.161(3)'s power to 'vary the conditions prescribed in the order' includes authority to vary the duration of a s.161 prohibition order where changed circumstances make such variation desirable; on the facts the Provincial Court judge did not err in principle or produce a demonstrably unfit result in refusing to reduce the 20‑year term and in granting only limited condition variations, and the proposed fresh evidence was not material on appeal and must be raised in a fresh variation application in Provincial Court.

Source excerpt

• Sex offender prohibition order s.161
• Variation of prohibition orders
• Fresh evidence on appeal
• Risk assessment
• Publication ban s.486.4

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Young v. Young

Court

British Columbia Court of Appeal

Where the judge found the payor intentionally underemployed by relocating to Ecuador and restricting his earnings, it was proper to impute income based on what he could reasonably earn in Canada (assessed between $60,000–$80,000) and to impute $70,000; fresh evidence was excluded because it could have been obtained with due diligence and would not have altered the result.

Source excerpt

• Imputation of income
• Underemployment
• Variation of support order
• Fresh evidence on appeal
• Procedural fairness

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Alyousef v. Alyousef

Court

Court of Appeal for Ontario

The Court of Appeal for Ontario declined to deduct notional income taxes from several income items, but ordered proof of 229’s tax remittances before final recalculation.

• Partnership accounting
• Diversion of corporate funds
• Calculation of damages
• Notional tax deduction
• Production of financial records
• Fresh evidence on appeal

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British Columbia (Director of Civil Forfeiture) v. Jin

Court

Supreme Court of British Columbia

The court exercised its discretion to treat Wei's appeal-proceeding evidence as a Rule 4-7 application, found on the balance of probabilities that the application materials did not come to Wei's attention, and accordingly set aside both the Strike Order and the Default Order under Rule 4-7(1) on terms (conditional relief) while granting an extension of time to appeal; the court limited the scope of the de novo appeal and refused to admit new evidence for issues that should have been raised by set-aside application but accepted and considered the Rule 4-7 material.

Source excerpt

• Service of process
• Default judgment
• Striking pleadings
• Extension of time to appeal
• Fresh evidence on appeal
• Rule 4-7 applications

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1600 Davie Limited Partnership v. Metal Yapi Holdings A.S.

Court

Supreme Court of British Columbia

The associate judge did not err in ordering costs thrown away and in ordering them payable forthwith or in summarily fixing costs in principle, but erred in the quantum by failing to determine the degree of wasted trial preparation when fixing the amount; the fixed award of $73,920 is set aside and the matter is remitted for reassessment of the wasted proportion of costs.

Source excerpt

• Adjournment
• Costs thrown away
• Summary assessment of costs
• Fresh evidence on appeal
• Standard of review

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Abdelwahed v. Ahmed

Court

Court of Appeal for Ontario

Ontario Court of Appeal dismissed a family law appeal, upheld a leave-to-move order and costs order below, and awarded appeal costs of $10,000.

• Set aside default orders
• Leave to bring motions
• Costs awards
• Support order enforcement
• Fresh evidence on appeal
• Family-law

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Monette Farms Ltd. v. Dutcyvich

Court

British Columbia Court of Appeal

The Court of Appeal set aside a $12 million contract award, found no certainty on the fee term, and substituted a $2.7 million quantum meruit award.

• Formation of contract
• Certainty of essential terms
• Oral agreement
• Intermediary introduction fees
• Assessment of restitutionary damages
• Fresh evidence on appeal

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Conian Developments Inc. (Re)

Court

Supreme Court of British Columbia

Appeal from a bankruptcy trustee’s partial disallowance of a creditor’s proof of claim was dismissed. The court found no palpable and overriding error.

• Claims adjudication
• Notice of disallowance
• Substantive consolidation
• Fresh evidence on appeal
• Standard of review
• Bankruptcy

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1255717 Ontario Ltd. v. Glenrio Financing Limited

Court

Court of Appeal for Ontario

The Ontario Court of Appeal dismissed the appeal and a motion to admit fresh evidence, agreeing the action was an abuse of process arising from prior mortgage litigation.

• Abuse of process
• Res judicata
• Fresh evidence on appeal
• Costs
• Abuse-of-process
• Res-judicata

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Ranganathan v. Wasim

Court

Court of Appeal for Ontario

The Court of Appeal dismissed an appeal about leave to issue a third-party claim, holding the claim was time-barred and the appellant’s fresh evidence was inadmissible.

• Limitations act 2002 s.4 and s.11(1)
• Tolling by settlement
• Third‑party claim vs counterclaim
• Abuse of process
• Fresh evidence on appeal
• Costs

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