Canada Case Law

Queen’s Marque Developments Limited v. Gamma Windows and Walls International Inc.

Court

Supreme Court of Nova Scotia

Although the Patina Purchase Order contained a valid exclusive Ontario jurisdiction clause, the court declined to enforce it because Gamma had already commenced related proceedings in Ontario and the third party claim against SML is highly intertwined with the Nova Scotia action; allowing separate proceedings would be inefficient, waste judicial and party resources, and risk inconsistent findings, and the material evidence is more readily available in Nova Scotia, constituting 'strong cause' to refuse enforcement of the clause and permit the Nova Scotia court to determine the third party clai…

Source excerpt

• Forum selection clause
• Stay of proceedings
• Jurisdiction
• Third party claims
• Indemnity and contribution
• Multiplicity of proceedings

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Saskatchewan

Saskatchewan (Environment) v. Métis Nation – Saskatchewan

Court

Supreme Court of Canada

The Supreme Court dismissed Saskatchewan’s appeal, holding there was no abuse of process in a Métis Nation judicial review challenging uranium exploration permits and alleging a duty to consult.

• Abuse of process
• Duty to consult
• Multiplicity of proceedings
• Judicial review
• Aboriginal title
• Consultation policy

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R. v. Greenlaw

Court

Supreme Court of Nova Scotia

Severance denied for Mahar, Rangers and Beaver because the factual and legal nexus with Greenlaw and other co-accused, the complexity and overlap of digital forensic and expert evidence, the need to avoid duplicative trials and witness fatigue, and the ability to schedule within Jordan limits meant the interests of justice favored joint trials; severance granted for Saarloos and Birchard because their charges were discrete, involved limited duplication (no viva voce complainant evidence), would be short, posed no real risk of inconsistent verdicts, and fit Jordan timelines.

Source excerpt

• Severance
• Joint trial
• Reasonable time (jordan)
• Child pornography
• Digital forensics
• Witness fatigue

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Vancouver Pile Driving Ltd. v. JGC Constructors BC Ltd.

Court

Supreme Court of British Columbia

The court stayed claims against JGC-Fluor and LNG Canada, holding there was an arguable case the subcontract arbitration clause covered the dispute.

• Stay of proceedings
• Interpretation of arbitration clause
• Competence-competence doctrine
• Residual discretion
• Multiplicity of proceedings
• Stay-of-proceedings

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Lu v. 1087041 B.C. Ltd.

Court

Supreme Court of British Columbia

The court dismissed Xuan Lu’s petition for leave to bring a derivative action on behalf of 1087041 B.C. Ltd., finding no good faith and no best-interests basis.

• Derivative proceedings
• Leave to prosecute
• Breach of fiduciary duty
• Misappropriation
• Good faith requirement
• Best interests of the company

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Wang v. Fu

Court

British Columbia Court of Appeal

The Court of Appeal allowed an appeal and granted an anti-suit injunction, finding British Columbia was the clearly more appropriate forum and China lacked a real and substantial connection to the dispute.

• Forum non conveniens
• Anti-suit injunction
• Forum shopping
• Multiplicity of proceedings
• Jurisdiction
• Enforcement

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778938 Ontario Limited v. EllisDon Corporation

Court

Court of Appeal for Ontario

Ontario has jurisdiction simpliciter because the defendants are domiciled and carry on business in Ontario and there are real and substantial connecting factors (contract negotiation/signing and corporate decision‑making and supervision in Ontario); however, Nova Scotia is clearly the more appropriate forum because the Nova Scotia proceedings commenced earlier, the pleadings in both jurisdictions substantially overlap on the same core issues (management of the entire Halifax project), creating a real risk of inconsistent findings and unnecessary multiplicity of proceedings, and the Nova Scoti…

Source excerpt

• Jurisdiction simpliciter
• Forum non conveniens
• Stay of proceedings
• Multiplicity of proceedings
• Choice of law

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Taherkhani v. Esteghamat-Ardakani

Court

British Columbia Court of Appeal

The Court of Appeal granted Mina Esteghamat-Ardakani and Francis Amir Este an extension of time, standing, and leave to appeal a 2018 order setting aside a family-law settlement.

• Standing to appeal
• Extension of time
• Setting aside consent order
• Inherent jurisdiction
• Fraud vitiating consent
• Reopening final orders

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Ari v. Insurance Corporation of British Columbia

Court

British Columbia Court of Appeal

The Court of Appeal dismissed ICBC’s appeal, holding the late third party notice was an irregularity but was properly struck as an abuse of process.

• Leave nunc pro tunc
• Rule 22-7 irregularity
• Rule 3-5(8) striking for abuse
• Vicarious liability
• Certification of common issues
• Multiplicity of proceedings

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N.M.F. v. H.B.F.

Court

Supreme Court of British Columbia

The court refused to stay a family law action in favour of Sweden, finding British Columbia was the proper forum for support and property issues.

• Jurisdiction
• Forum non conveniens
• Spousal support
• Child support
• Property division
• Choice of law

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