Canada Case Law

Larouche v. PGM ResidualCo Holdings Inc.

Court

Supreme Court of British Columbia

The application for leave was dismissed because the petitioner failed to file/adduce admissible affidavits in this petition (cannot rely wholesale on affidavits filed in a separate proceeding), failed to provide sufficient credible evidence or properly pleaded material facts to satisfy the s.140.8 leave threshold, and most claims based on documents released before November 6, 2021 are statute-barred under s.140.94; consequently leave was denied and nunc pro tunc relief rejected.

Source excerpt

• Secondary market claim
• Misrepresentation
• Leave to commence action (s.140.8)
• Evidentiary admissibility of affidavits
• Pleading particularity
• Limitation periods (s.140.94)

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Collins v. Canada (Attorney General)

Court

Federal Court

The Federal Court granted leave to amend a class proceeding to add breach of contract claims and amended the certification order to add related standing and limitations issues.

• Third-party beneficiary
• Doctrine of privity
• Principled exception to privity
• Standing
• Amendment of pleadings
• Certification order amendment

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McLash (Re)

Court

Supreme Court of British Columbia

The court held the stay-lift application under s. 69.4 BIA was premature because limitation issues meant 105 LP was not yet shown to be a creditor.

• Statutory stay
• S.69.4 bia (lift stay)
• S.178(1)(d) bia (claims not compromised)
• Limitation defence (alberta limitations act)
• Standing and derivative claims
• Nunc pro tunc relief

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Roy v. The Calgary Airport Authority

Court

Supreme Court of British Columbia

The court allowed Brian Roy to add a British Columbia resident as plaintiff in an intended class proceeding and rejected the defendants’ abuse-of-process strike application.

• Residency requirement for standing
• Certification
• Representative plaintiff
• Nunc pro tunc relief
• Abuse of process
• Forum shopping

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Melanson v. Melanson

Court

Supreme Court of British Columbia

The court held that trial judgment debts and costs survived bankruptcy, lifted the bankruptcy stays nunc pro tunc, and granted leave to enforce SDA’s judgment.

• Stay of proceedings
• Lifting stay under s.69.4 bia
• Exceptions to discharge s.178(1) bia
• Defalcation and fiduciary duty
• False pretences/fraudulent misrepresentation
• Nunc pro tunc relief

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Canada (Minister of National Revenue) v. Bank of Montreal

Court

British Columbia Court of Appeal

The Court of Appeal granted an extension of time and substitutional service for the Attorney General’s appeal materials, but found nunc pro tunc approval of prior mail service unnecessary.

• Extension of time
• Service of process
• Substitutional service
• Leave to appeal
• Nunc pro tunc relief
• Extension-of-time

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O.T.L. v. J.T.L.

Court

Supreme Court of British Columbia

The court held a protection order remained in force until further order, refused nunc pro tunc expiry backdating, and terminated the order prospectively.

• Protection orders
• Interpretation of court orders
• Nunc pro tunc relief
• Inherent jurisdiction
• Family law act ss.183,184,187
• Protection-orders

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National Home Warranty Group Inc. v. Red Rose Applicances & Plumbing Ltd.

Court

Supreme Court of British Columbia

The court granted leave nunc pro tunc to file a third party notice, ordered substitution of the correctly named third parties, and struck the unjust enrichment claim.

• Third party proceedings
• Nunc pro tunc relief
• Misnomer/substitution of parties
• Default judgment set aside
• Pleading sufficiency
• Unjust enrichment

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Langille v. Nova Scotia (Attorney General)

Court

Supreme Court of Nova Scotia

The court held that merely asserting the existence of discovery material does not constitute collateral use or breach of the implied undertaking; on the facts the public interest in ensuring full disclosure to creditors under the Bankruptcy and Insolvency Act outweighs the privacy and litigation efficiency interests, so the implied undertaking is lifted to permit PPI to use Maritime's financial statements and, if a breach occurred, leave is granted nunc pro tunc.

Source excerpt

• Implied undertaking
• Collateral use
• Discovery privilege
• Consumer proposal
• Nunc pro tunc relief

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Thistle v. Schumilas

Court

Court of Appeal for Ontario

Miller J.A. correctly interpreted the motion judge's order as having been made pursuant to the motion judge's inherent jurisdiction in a civil action and not under the BIA; therefore there was no error in his ruling and the motion to reconsider was dismissed.

Source excerpt

• Standing
• Assignment in bankruptcy
• Nunc pro tunc relief
• Inherent jurisdiction
• Leave to appeal
• Costs

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