Canada Case Law

Turner v. Turner

Court

Supreme Court of Nova Scotia

The applicant failed to prove on the balance of probabilities that the parties mutually destroyed the cohabitation agreement in 2002; photocopy evidence was admissible as the originals were unavailable after a diligent search; credibility findings did not favour the applicant sufficiently to meet her burden; therefore the cohabitation agreement remains binding on the parties.

Source excerpt

• Cohabitation agreement
• Mutual rescission/destruction
• Best evidence rule
• Conflict of interest
• Full and frank disclosure
• Credibility findings

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Commissioner of Competition v. Amazon.com Et. Al.

Court

Federal Court of Appeal

The appeal is dismissed because the Federal Court did not err: section 11 discretion must be exercised consistent with Charter s.8, the judge permissibly required adequate information about the scope of the Data Request before ordering production, the pre‑hearing letters were properly before the court as part of the disclosure record and were not accepted as incontrovertible fact, and Rule 399(1) does not relieve the issuing judge of the duty to be satisfied at the ex parte stage; here the Commissioner failed to justify the scope of the Data Request so the production order was properly refuse…

Source excerpt

• Production order
• Section 11 competition act
• Search and seizure
• Charter s.8
• Ex parte applications
• Full and frank disclosure

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Zimtu Capital Corp. v. Capacitor Metals Corp.

Court

Supreme Court of British Columbia

The court dismissed the application to set aside because the non-disclosed materials relied on by the defendant were either defenses rather than material facts required by COEA s.3, the asserted just discounts were not liquidated or sufficiently evidenced (promissory note deductions speculative and unsupported), and therefore there was no material non-disclosure that would have changed the registrar's decision to grant the garnishing order.

Source excerpt

• Pre-judgment garnishing order
• Full and frank disclosure
• Just discounts
• Set off
• Ex parte applications
• Hearsay and evidentiary weight

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Canada (National Revenue) v. Ne'eman Foundation Canada

Court

Federal Court

The Federal Court dismissed Ne'eman Foundation Canada’s motion to set aside a jeopardy order, finding the Minister’s evidence sufficient and disclosure adequate.

• Jeopardy order
• Revocation of charitable registration
• Winding-up period
• Full and frank disclosure
• Burden of proof and evidence admissibility
• Jeopardy-order

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Donaldson v. Sistrunk

Court

British Columbia Court of Appeal

The Court of Appeal set aside a pre-judgment garnishing order after holding that undisclosed share-sale documents were materially relevant and should have been disclosed.

• Pre-judgment garnishment
• Full and frank disclosure
• Set aside order
• Innocent non-disclosure
• Costs
• Pre-judgment-garnishment

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Hogg v. Wealthsimple Inc.

Court

Court of Appeal for Ontario

The motion judge properly inferred the appellant's awareness of the MFDA investigation and, having found a lack of full disclosure and that respondents were prejudiced by delay and by their regulatory settlement, permissibly exercised his discretion to refuse retroactive validation of service; the Court of Appeal dismissed the appeal and deferred to that exercise of discretion.

Source excerpt

• Extension of time for service
• Ex parte motions
• Full and frank disclosure
• Prejudice balancing
• Retrospective validation of service

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Yang v. Lu

Court

Supreme Court of British Columbia

The court dismissed an application to set aside or vary an ex parte Mareva injunction, finding no lack of full and frank disclosure and no basis to disturb the order.

• Mareva injunction
• Full and frank disclosure
• Breach of trust
• Trustees de son tort
• Dissipation of assets
• Variation of interlocutory orders

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Son v. Kim

Court

Supreme Court of British Columbia

The court set aside a without-notice family law asset restraining order for material non-disclosure and no undertaking as to damages, but did not strike the supporting affidavit.

• Asset restraining order
• Without‑notice/ex parte relief
• Full and frank disclosure
• Undertaking as to damages
• Affidavit commissioning and translation
• Family-law

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Clarke Communication Contracting Inc. v. Black Diamond Limited Partnership

Court

Supreme Court of British Columbia

The court upheld a pre-judgment garnishing order in a construction-payment dispute, finding the claim could be treated as liquidated and no basis to set it aside.

• Pre-judgment garnishing order
• Liquidated demand
• Full and frank disclosure
• Setting aside orders
• Admissibility of affidavit evidence
• Coea ss.3(2) and 5(2)

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R. v. Islam

Court

Supreme Court of British Columbia

The court granted leave to cross-examine two affiants in a Charter s. 8 challenge, limited to surveillance-based opinions, inferences, and one identity issue.

• Search and seizure
• Section 8 charter
• Search warrants/informations to obtain (itos)
• Full and frank disclosure
• Leave to cross-examine affiants (garofoli/pires)
• Production orders

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