Canada Case Law

Chief Michelle Glasgow et al. v. Attorney General of Canada v. Unified Fisheries Conservation Alliance

Court

Supreme Court of Nova Scotia

The court granted the request in part: it released the May 2025 trial dates and lifted the established pre-trial schedule to permit focused mediation, but imposed a firm, limited pause only until December 12, 2024; the trial dates were deemed irretrievably lost given the timing and the impossibility of completing pre-trial steps, and the court balanced the preference for negotiated, nation-to-nation resolution against prejudice to the intervenor and the court's case management interests and concluded a finite mediation period was appropriate.

Source excerpt

• Treaty rights
• Moderate livelihood
• Adjournment and trial scheduling
• Mediation and settlement
• Justification of infringement
• Disclosure and discovery

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Granville Law Group v. Bayko

Court

Supreme Court of British Columbia

Registrar review of a solicitor’s bill under the Legal Profession Act. Fees were reduced because the higher hourly rate lacked proper written notice and some work was not chargeable.

• Retainer agreement
• Fee review
• Solicitor-client relationship
• Mediation and settlement
• Costs
• Fee-review

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Webber v. Chediac

Court

Nova Scotia Small Claims Court

The Residential Tenancy Officer did not err because the parties reached an agreement in a mediation-like process that produced the order and explicitly left other claims open for a subsequent application; therefore the appeal was not of an appealable decision and must be dismissed.

Source excerpt

• Eviction/termination
• Rent arrears
• Security deposit
• Repair and maintenance/heating
• Mediation and settlement
• Extension of time to appeal

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Chaster v. LeBlanc

Court

British Columbia Court of Appeal

The Court of Appeal dismissed Mr. Chaster’s appeal in a lawyer-negligence case, holding that although counsel breached duties in several respects, causation was not proven.

• Solicitor standard of care
• Causation
• Mediation and settlement
• Adjournment
• Traumatic brain injury
• Quantum of damages

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Randall v. Caldwell First Nation of Point Pelee and Pelee Island Band Council

Court

Federal Court

The Federal Court declined to award costs after settlement, finding no basis to punish the claimants and warning against chilling mediated resolutions.

• Judicial review
• Mediation and settlement
• Costs and indemnity costs
• Election disputes
• Ratification vote
• Costs

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Schwartz et al. v. Riverside Forest Products Limited et al.

Court

Supreme Court of British Columbia

The court granted leave to discontinue the action against Riverside, finding no very unusual prejudice to the remaining defendant and allowing the pleadings to be amended.

• Discontinuance
• Leave to discontinue
• Breach of contract
• Breach of fiduciary duty
• Use of discovery evidence
• Declaratory relief

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