Canada Case Law

Vance v. Reum

Court

Supreme Court of British Columbia

The associate judge applied the correct legal test, considered the relevant factors including the right to jury as one factor among many, and reasonably declined to consolidate or order joint trial while granting alternative relief permitting use of pretrial procedures and release of the implied undertaking; the appeal is dismissed and the associate judge's discretionary decision is entitled to deference.

Source excerpt

• Consolidation
• Joinder
• Pre-trial procedures
• Jury trial
• Implied undertaking
• Standard of review

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Cowichan Tribes v. Canada (Attorney General)

Court

Supreme Court of British Columbia

Abuse of process was not established because plaintiffs did not take inconsistent positions in the litigation; delay is a relevant factor in assessing joinder under Rule 6-2(7) and in abuse of process analysis; the contested categories of regulatory communications and AOAs are sufficiently relevant to Montrose's notice and reasons for delay to warrant limited document production under Rule 22-1(4)(c); accordingly Montrose and BC are ordered to produce specified documents within a time limit and the plaintiffs given a fixed period to respond, with further case management to follow.

Source excerpt

• Joinder
• Abuse of process
• Document production under rule 22-1(4)(c)
• Delay and notice
• Regulatory communications
• Archaeological assessments

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Carvery v. Halifax (City)

Court

Supreme Court of Nova Scotia

To be joined a potential plaintiff must demonstrate an interest in the issues by establishing they were an owner, occupier, or other person interested in the land as of the date of expropriation under the Halifax City Charter 1963; individuals who executed Indentures prior to the expropriation quitclaimed their interests and cannot be joined on that basis, their descendants likewise cannot be joined absent an independent proprietary interest at the expropriation date, minors cannot be joined on the basis of mere residence absent a guardian/trustee holding title or charge/control at the time,…

Source excerpt

• Joinder
• Standing
• Representative order
• Release
• Indentures/quitclaims
• Minors and capacity

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The Board of Education, School District No. 41 (Burnaby) v. KMBR Architects Planners Inc.

Court

Supreme Court of British Columbia

The court granted KMBR leave to file a late counterclaim in a school project dispute, but preserved the District’s limitation defences for trial.

• Counterclaim
• Extension of time
• Limitation periods
• Preservation of limitation defences
• Architectural services disputes
• Joinder

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Axion Ventures Inc. v. Bonner

Court

Supreme Court of British Columbia

The court set the order for several related applications, starting with removal of counsel, then coordinating stay, fraud, and amendment issues, while deferring joinder until service.

• Disqualification of counsel
• Stay of proceedings
• Fraud on the court
• Spoliation
• Amendment of pleadings
• Joinder/addition of parties

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Carcillo v. Ontario Major Junior Hockey League

Court

Court of Appeal for Ontario

The appeal is dismissed because the motion judge did not err in finding the proposed class proceeding unmanageable and therefore not the preferable procedure: the unprecedented scope and complexity and the absence of a workable, detailed litigation plan justified refusing certification, and that discretionary finding warrants deference.

Source excerpt

• Certification
• Cause of action
• Common issues
• Preferability
• Manageability
• Unincorporated association

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Lamond v. Vermette

Court

Supreme Court of British Columbia

The court ordered a family claim and two oppression petitions to be heard together, finding overlapping issues about Alpine Pro, valuation, and control, with no substantial prejudice.

• Joinder/hearing together
• Consolidation distinction
• Oppression remedy
• Ownership of shares
• Business valuation
• Trial management

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Centurion Apartment Properties Limited Partnership v. Loco Investments Inc.

Court

Supreme Court of British Columbia

The court added Glotman Simpson and Levi Stoelting as defendants in a building-defect action, but refused to add EGBC because no properly pleaded cause of action was shown.

• Joinder
• Pleading amendment
• Limitation period and discoverability
• Negligence
• Duty to warn
• Regulatory immunity

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Noel v. Dillon Leasing Inc.

Court

Supreme Court of Nova Scotia

Motion to amend and join the two directors was granted because the applicant acted in good faith, there was no evidence of serious prejudice that could not be compensated by costs, no limitation period bar existed, and disputed merits (including effects of corporate revocation and reinstatement) are matters for the hearing on the merits rather than the amendment stage.

Source excerpt

• Joinder
• Amendment of pleadings
• Directors' liability
• Piercing the corporate veil
• Latent defects
• Misrepresentation

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Malii v. British Columbia

Court

Supreme Court of British Columbia

The court dismissed a stay application but adjourned Stage 1 of a Gitanyow Aboriginal title trial pending Supreme Court of Canada appeals that could change the parties and pleadings.

• Aboriginal title
• Joinder
• Third party claims
• Stay of proceedings
• Adjournment
• Costs

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