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Canada Case Law

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Civil procedure 2021 BCSC 1960

Kepa v. Catlin

Amended civil claim struck for excessive, repetitive and speculative pleading, but leave to amend was granted with strict limits; limitation and provincial liability issues were not finally decided.

  • Strike under rule 9-5
  • Pleading requirements
  • Misfeasance in public office
  • False arrest and malicious prosecution
  • Qualified immunity under police act s.21
  • Crown liability under police act s.11
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Contract law 2012 BCSC 270

Rhodes v. All Pro Building Maintenance Ltd.

The court struck much of a Reply for pleading evidence, argument, irrelevance and scandalous material in an interlocutory contract dispute.

  • Strike pleading
  • Pleading of evidence
  • Frivolous/vexatious pleadings
  • Limitation period
  • Agency/ownership allegations
  • Punitive/aggravated damages
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Tort 2004 FC 367

Zinck v. Canada

The Federal Court summarily dismissed an inmate’s negligence and Charter claim because he produced no expert or affidavit evidence to support it.

  • Medical negligence
  • Cruel and unusual punishment (s.12)
  • Requirement for expert evidence
  • Summary dismissal
  • Frivolous/vexatious pleadings
  • Summary-dismissal
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Civil procedure 2000 BCSC 28

Borsato v. Basra

Master Baker struck a bare general-denial defence as frivolous, vexatious and embarrassing, but declined to enter judgment and instead allowed amendment.

  • Striking pleadings
  • Particulars
  • Frivolous/vexatious pleadings
  • Amendment of pleadings
  • Striking-pleadings
  • Frivolous-vexatious-pleadings
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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.