Canada Case Law

4 Noses Brewing Company, LLC v. Specific Engineering Solutions Ltd.

Court

Supreme Court of British Columbia

The default judgment was set aside because the defendant's failure to file a response was not shown to be wilful or deliberate, the defendant applied promptly after learning of the judgment, the defendant advanced defences worthy of investigation (reliance on the Sales Order limited warranty, challenge to the validity/authority behind the 2024 Agreement, and a limitation-period defence), and the late affidavit was properly admitted as relevant and not prejudicial; setting aside the default judgment best serves the interests of justice.

Source excerpt

• Default judgment
• Setting aside default judgment
• Miracle feeds test
• Admission of late affidavits
• Limitation defence
• Limited warranty interpretation

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O’Neil v. O’Neil

Court

Supreme Court of Nova Scotia

The moving party failed to meet the heavy burden to demonstrate a reasonable apprehension of bias; an adverse ruling in a related proceeding and the administrative assignment of the judge are insufficient grounds for recusal, therefore the motion to recuse is dismissed and no costs are awarded.

Source excerpt

• Reasonable apprehension of bias
• Change of venue
• Judicial assignment
• Stay of proceedings
• Summary judgment
• Limitation defence

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Jacobs v. Nordic Insurance Company of Canada

Court

Nova Scotia Small Claims Court

The adjudicator was bound by Hart and the authorities holding that the limitation language in the Standard Automobile Policy as incorporated by regulation prescribes that the two-year limitation runs from the date the loss was sustained (the accident). Applying that rule to these facts (accident April 17, 2023) the claim filed September 9, 2025 is statute-barred; alternatively, even on a discoverability analysis the claimant knew of a claim by August 31, 2023 so the two-year period expired before commencement; accordingly the claim must be dismissed as time-barred.

Source excerpt

• Discoverability
• Standard automobile policy
• Statutory limitation
• Down-time loss
• Limitation defence

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Brinkerhoff v. Leroux

Court

Supreme Court of British Columbia

The court held that ARCS membership ended when NLC eldership ended, declared the Acting Directors the only ARCS directors, and validated the October 2024 bylaw amendment.

• Membership and directorship
• Bylaw interpretation
• Implied terms
• Oppression remedy
• Injunctions
• Limitation defence

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Xu v. W.Y. (Eric) Lee

Court

Supreme Court of British Columbia

The court dismissed a self-represented plaintiff’s broad discovery and disclosure application against RBC defendants and ordered costs to the defendants.

• Document production
• Rule 7-1
• Privilege claims
• Notice to admit
• Forms (form 22, form 35)
• Affidavit of documents

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Blumenschein v. Seel

Court

Supreme Court of British Columbia

The court refused summary dismissal and a vexatious-litigant order, finding triable issues about trust, partnership, fiduciary duty, and oppression claims.

• Express trust
• Constructive/implied trust
• Fiduciary duty
• Oppression remedy
• Partnership
• Summary judgment (rule 9-6)

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Repp v. Butler

Court

Supreme Court of British Columbia

Application to convert a partition petition to an action was dismissed. The court said the hearing judge should decide whether to proceed by petition, hybrid process, or trial.

• Conversion of petition to action
• Resulting trust
• Constructive trust
• Abuse of process
• Limitation defence
• Partition of property

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Jawanda v. Ismail

Court

Supreme Court of British Columbia

The court granted leave to amend a civil claim over a $1.2 million loan and proposed equitable mortgage, but required particulars, further discovery, and preserved limitation issues.

• Amendment of pleadings
• Equitable mortgage
• Unjust enrichment
• Particulars and discovery
• Prejudice and delay
• Limitation defence

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Fleming v. British Columbia (Forests, Lands Natural Resource Operations and Rural Development)

Court

Supreme Court of British Columbia

The court partly allowed amendments in a grizzly-bear class action, removing the residency requirement, but refused a broader class expansion and most related claim amendments.

• Negligent misrepresentation
• Class certification
• Amendment of class definition
• Particulars and discovery
• Limitation defence
• Representative plaintiff requirement

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Harding v. Harding

Court

Supreme Court of British Columbia

The court dismissed an application to apportion costs between two unsuccessful defendants, finding the issues were intertwined and did not materially prolong trial time.

• Costs apportionment
• Limitation defence
• Fraudulent conveyance
• Family law act s.97
• Use of court time
• Costs-apportionment

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