Canada Case Law

Totino v. St. James Mullen Estate

Court

Supreme Court of Nova Scotia

Summary judgment is denied because material facts are in dispute—most critically whether a second vehicle contributed to the accident and whether Intact's Section D obligation is triggered—so the factual and mixed law-and-fact issues must be tried; consequently the interim payment motion is not considered and is denied by reason of the summary judgment dismissal.

Source excerpt

• Summary judgment on evidence
• Interim payment
• Uninsured motorist/section d coverage
• Causation
• Admissibility of evidence

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Riddle v. Canada

Court

Federal Court

The Federal Court suspended parts of a prior order, directed an interim payment of $21,000 per eligible class member, and set the matter for a later payment order.

• Interim payment
• Claims administration
• Suspension of prior order
• Class-action
• Civil-procedure
• Remedies

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Dartt v. Decoste

Court

Supreme Court of Nova Scotia

Motion denied because material issues of causation and credibility exist and the evidence before the motions court is contradictory; the court could not reasonably determine the damages the plaintiff is likely to recover and therefore properly exercised its discretion to refuse an interim payment.

Source excerpt

• Interim payment
• Damages assessment
• Causation
• Credibility
• Minor injury cap
• Deductions for benefits

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Skinner v. Skinner

Court

Supreme Court of British Columbia

Because the notice of application and supporting materials did not meet procedural and evidentiary requirements and were inadequate to permit an efficient adjudication of spousal support, the court adjourned the hearing, directed the filing of a new notice with specified Parts I‑III, set deadlines for further disclosure and responses, and ordered an interim without prejudice payment to the claimant to preserve fairness pending the re‑hearing.

Source excerpt

• Spousal support
• Notice of application requirements
• Disclosure and financial disclosure
• Interim payment
• Costs
• Case management

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Hynes v. Jones

Court

Supreme Court of Nova Scotia

Motion denied because the medical and factual record before the court was insufficiently certain on causation of the key labral hip injuries, the extent and duration of disability, and on income/mitigation matters; the uncertainty would require credibility and factual findings inappropriate on an interim motion and precluded the court forming a reliable opinion of the damages the plaintiff was likely to recover for the purpose of a Rule 70.08 interim payment.

Source excerpt

• Interim payment
• Causation
• Loss of earnings
• Mitigation
• Medical evidence
• Damages assessment

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Estey v. Bateson

Court

Supreme Court of British Columbia

The court granted a partial interim advance on damages after an adjourned motor vehicle trial, plus special damages advance and costs thrown away.

• Advance on damages
• Interim payment
• Costs thrown away
• Adjournment
• Quantum of damages
• Jurisdiction to order interim payments

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Wilkinson v. I.C.B.C.

Court

Supreme Court of British Columbia

The court dismissed a plaintiff’s Rule 18A summary trial and immediate payment request because liability was denied and material facts and credibility were in dispute.

• Rule 18a summary trial
• Interim payment
• Liability denial
• Credibility assessment
• Jurisdictional suitability
• Rule-18a-summary-trial

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Amos Investments Ltd. v. Minou Enterprises Ltd.

Court

Supreme Court of British Columbia

The court held the valuator’s determination was an arbitral award, then set it aside for arbitral error because the valuator relied on undisclosed evidence and hindsight material.

• Arbitral error
• Natural justice
• Valuation of shares
• Consent order interpretation
• Interim payment
• Injunctions

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Smith v. Haley

Court

Supreme Court of Nova Scotia

Summary judgment on liability was granted because liability was uncontested. The application for an interim payment was dismissed because the court could not form an opinion with the degree of certainty required by Rule 33.01(A) due to insufficient and equivocal medical evidence, lack of IME and expert discovery, making any award a speculative or haphazard guess; costs of $750 awarded to defendants.

Source excerpt

• Summary judgment
• Interim payment
• Loss of income
• Minor injury provisions
• Costs

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Kroger v. Upshall

Court

Supreme Court of Nova Scotia

Severance of the identified liability issues (liability and Upshall's potential right of indemnity against Canada Life) was justified because those discrete issues are the lynchpin of the litigation, have a strong likelihood of disposing of the action, are not substantially interwoven with damages, and severance would materially reduce delay, cost and use of court resources; consequently the application to sever was granted and a short separate trial was ordered.

Source excerpt

• Vicarious liability
• Indemnity
• Severance of issues
• Case management
• Interim payment
• Trial scheduling

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