Canada Case Law

Abbott v. Musgrave Harbour (Town)

Court

Newfoundland and Labrador Court of Appeal

The case management judge did not err in principle or fact and did not fail to exercise discretion judicially in requiring the appellants to make submissions themselves; with time to prepare, detailed written materials already filed, allowance for joint submissions and supplementation, and the ability for Ms. Abbott to speak for Mr. Abbott if required, the judge's decision was fair and within discretion, so the appeal is dismissed.

Source excerpt

• Case management
• Representation by non-lawyer
• Self-represented litigants
• Standard of review
• Interlocutory applications
• Costs

Read case analysis

Heller v. Law Society of British Columbia

Court

Supreme Court of British Columbia

The Court granted a temporary sealing order over James Heller’s Affidavit #2, finding a serious privacy risk for a former employee and rejecting redactions as sufficient.

• Sealing order
• Implied undertaking rule
• Open court principle
• Privacy and dignity
• Interlocutory applications
• Document disclosure

Read case analysis

Lessard-Gauvin c. Canada (Procureur général)

Court

Federal Court of Appeal

The taxation officer allowed the respondent's claims for five interlocutory response records at 2 units each under article 21(a) (total 10 units) and 3 units under article 26 for taxation services, and allowed disbursements of $867 for photocopies at $0.25/page. Claims under article 25 and article 27 were refused because the final judgment of 19 August 2020 did not adjudge costs, and a taxing officer lacks authority to award costs absent an explicit court adjudication.

Source excerpt

• Taxation of costs
• Disbursements
• Court rules interpretation
• Interlocutory applications

Read case analysis

Renvoi relatif à la Loi de l'impôt sur le revenu

Court

Federal Court

Taxation des dépens sur dossier : 5 unités sont accordées pour la requête, 1 unité est admise pour la préparation, et 2 unités pour la taxation.

• Costs taxation
• Tariff b
• Interlocutory applications
• Officer taxateur discretion
• Taxation-des-depens
• Tarif-b

Read case analysis

Waters v. Michie

Court

Supreme Court of British Columbia

Appeal from a costs-assessment ruling dismissed. The court held a second bill of costs could not re-litigate interlocutory application costs already dealt with in the first assessment.

• Costs assessment
• Functus officio
• Certificate of costs
• Interlocutory applications
• Issue estoppel
• Cause of action estoppel

Read case analysis

Sood v. Hans

Court

Supreme Court of British Columbia

The court held that three related Vancouver and New Westminster actions should be tried together or consecutively because they share a common factual core in the Ravine Lands transactions.

• Joinder of actions
• Consolidation vs. concurrent trials
• Interlocutory applications
• Counterclaims
• Trust funds and security for cpls
• Pleadings and particulars

Read case analysis

Schuppener v. Pioneer Steel Manufacturers Limited

Court

British Columbia Court of Appeal

The court awarded the appellant costs of the appeal and the CJPTA transfer application, leaving all other costs to be determined in Ontario.

• Forum selection clause
• Transfer of proceedings
• Costs on appeal
• Interlocutory applications
• Cjpta
• Forum-selection-clause

Read case analysis

Yang v. Shi

Court

Supreme Court of British Columbia

The court declared Lihong Yang a vexatious litigant, required leave before new proceedings until costs are paid, and ordered $2,000 security for one appeal.

• Vexatious litigant
• Security for costs
• Stay of proceedings
• Costs orders
• Leave to commence proceedings
• Interlocutory applications

Read case analysis

H.M.B. Holdings Limited v. Replay Resorts Inc.

Court

British Columbia Court of Appeal

The Court of Appeal remitted costs of interlocutory applications to the Supreme Court to be dealt with under Rule 14-1(12), and awarded costs of this application to the respondents.

• Interlocutory applications
• Costs allocation
• Abuse of process
• Costs
• Civil-procedure
• Appeals

Read case analysis

C.M.L.S. v. F.C.M.S.

Court

Supreme Court of British Columbia

Supplementary reasons on costs in a family law case. The court denied costs to both parties, citing the mother’s false evidence and the father’s own conduct.

• Parenting schedule
• Costs award
• Offer to settle
• False evidence/perjury
• Child's best interests
• Interlocutory applications

Read case analysis