Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
Canada decisions
Decisions matching the current search
The Tax Court struck Gordon Denning’s fresh amended notice of appeal for failing to disclose reasonable grounds, but allowed a final further amendment under tight limits.
The Court of Appeal held that refusing leave to amend to plead civil fraud is a final order, so the insurers’ appeal may proceed and the motion to quash was denied.
The appeal is dismissed because the proposed amendment to plead facts about the Bureau's prior internal investigation and communications was irrelevant to the statutory determinations the Tribunal must make about deceptive marketing and the AMP under s.74.1(5); irrelevance defeats a reasonable prospect of success, and deference is owed to the case management judge's discretionary management; the newly disclosed documents could not have changed that conclusion and thus fresh evidence was not admitted.
Source excerpt
Grant limited amendment only to add a claim for costs on a full indemnity basis; refuse leave to further amend to add multiple additional decisions, wide-ranging declarations, misfeasance/conspiracy and claims for damages because they are time-barred, outside proper scope of petition, raise parties not before the court, or amount to damages not available on judicial review; decline production of extra documents sought as not necessary or relevant to review of the 2023 Decision (adjourn question of including 2018 record to the trial judge); permit reliance only on paragraph 80 of Kinney Affida…
Source excerpt
Appeal allowed in part: associate judge's grant of leave to plead a clean hands defence was correct in relation to allegations that the plaintiffs breached the underlying agreement (that conduct is arguably relevant to their entitlement to equitable relief), but the pleadings alleging a later conspiracy lacked sufficient connection to the foundation of the trust claim and were bound to fail and must be struck; the associate judge was not clearly wrong in rejecting the abuse of process argument.
Source excerpt
The court partly granted leave to amend a civil claim in defamation and vicarious liability, but struck most new causes of action and dismissed the Diocese for lack of capacity.
The court granted leave to amend responses in two related actions, allowing pleadings about limited beneficial ownership and a proposed clean-hands defence.
The appeal is allowed in part: the court held that while a copyright misuse defence can, in principle, be pleaded to a s.41.26 action, Bell's pleading lacked sufficient material facts to sustain the defence but it was not plain and obvious that the defects were incurable; therefore the Federal Court's denial of leave to amend was set aside and Bell was granted leave to amend the ASODCC; all other strike rulings concerning secondary allegations, claims against AB, abuse of process, unlawful means conspiracy, and declarations were upheld for lack of material facts.
Source excerpt
La Corte concediĂł permiso para enmendar la demanda civil, al considerar que las nuevas alegaciones de misfeasance in public office estaban suficientemente formuladas por ahora.
The Court struck wage-loss and union-representation claims for lack of jurisdiction and abuse of process, finding they belonged to the Labour Relations Board.
Explore more
