Canada Case Law

Begg v. Provincial Rental Housing Corporation

Court

Supreme Court of British Columbia

By the end of October 2025 the aggregate of discovery and expert evidence exposed fundamental gaps in the plaintiff's case (notably absence of evidence to establish the applicable standard of care and causation) such that the March 6, 2023 walk-away offer ought reasonably to have been accepted by that time; therefore defendants are entitled to Scale B costs to October 31, 2025 and double costs thereafter, plus costs of the application.

Source excerpt

• Negligence
• No-evidence motion
• Offer to settle
• Double costs
• Standard of care
• Causation

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Begg v. Provincial Rental Housing Corporation

Court

Supreme Court of British Columbia

The plaintiff’s application to reopen his case was dismissed in a negligence action after a no-evidence motion, with the court finding no fresh evidence and no miscarriage of justice.

• Reopening trial
• No-evidence motion
• Miscarriage of justice
• Admission of new evidence
• Standard of care
• Causation

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Begg v. Provincial Rental Housing Corporation

Court

Supreme Court of British Columbia

On a no-evidence motion in a slip-and-fall occupiers’ liability case, the court held the plaintiff failed to adduce evidence of breach or causation and dismissed the claim.

• No-evidence motion
• Standard of care
• Causation
• Expert evidence and foundation
• Building code compliance
• Admissibility of documents

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Nova-BioRubber Green Technologies Inc. v. Investment Agriculture Foundation British Columbia

Court

Supreme Court of British Columbia

The court dismissed the plaintiff’s damages action arising from rejected grant applications, finding the claims were largely judicial review complaints or unsupported by evidence.

• Procedural fairness
• Judicial review vs. damages
• No-evidence motion
• Negligence
• Misfeasance in public office
• Conflict of interest

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R. v. De Paz

Court

British Columbia Court of Appeal

The Court of Appeal for British Columbia dismissed Brian De Paz’s bail pending appeal application after finding the appeal grounds very weak and the public interest against release.

• Bail pending appeal
• Public interest (enforceability vs reviewability)
• No-evidence motion
• Identification evidence
• Dna evidence
• Drugging allegation

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Sawatzky v. St. Johns Street Liquor Store Ltd.

Court

Supreme Court of British Columbia

Costs reasons after dismissal of a trip-and-fall claim: the defendant received Scale B costs and double costs from January 22, 2024, after a reasonable offer to settle was not accepted.

• Premises liability
• Standard of care
• No-evidence motion
• Offers to settle
• Double costs
• Expert evidence admissibility

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Sawatzky v. St. Johns Street Liquor Store Ltd.

Court

Supreme Court of British Columbia

The court granted the defendant’s no-evidence application in an occupiers’ liability and negligence case arising from a trip over a cord cover in a liquor store.

• Duty of care
• Independent contractor defence
• Standard of care
• Foreseeability
• No-evidence motion
• Compliance with regulatory standards

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Michetti v. Veach

Court

Supreme Court of British Columbia

In a municipal election challenge, the court refused to allow a no-evidence motion, holding that the statutory scheme favored an expeditious, full hearing of the evidence.

• No-evidence motion
• Case management
• Statutory interpretation
• Expeditious proceedings
• Fairness in compressed timelines
• Municipal-election-law

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R. v. Sorenson

Court

Supreme Court of British Columbia

The court dismissed a no-evidence application in a jury arson trial, holding the circumstantial and recognition evidence could support the Crown’s case on Count 2.

• Arson
• No-evidence motion
• Circumstantial evidence
• Identification evidence
• Recognition evidence
• Circumstantial-evidence

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R. v. Howard

Court

Supreme Court of British Columbia

The court dismissed a directed-verdict application in a break-and-enter case, holding the Crown’s circumstantial evidence could support a conviction.

• Directed verdict
• No-evidence motion
• Circumstantial evidence
• Burden of proof
• Admissions of fact
• Dna evidence

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