Canada Case Law

6035558 Canada Inc. v. Unilin Beheer B.V.

Court

Federal Court of Appeal

The Court dismissed the appeal with costs because the Federal Court applied the correct standard of review (intervention only for errors of law or palpable and overriding error), there was no palpable and overriding error in the Associate Judge's decision to grant leave to amend, the amended claim pleaded sufficient material facts to justify impleading the individual defendants, and the reasons were adequate given the record and applicable law.

Source excerpt

• Amendment of pleadings
• Leave to amend
• Piercing the corporate veil
• Standard of review
• Case management
• Particularity of pleadings

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Adeia Guides Inc. v. BCE Inc.

Court

Federal Court

The Federal Court dismissed a Rule 51 appeal from an order refusing proposed pleading amendments in a patent action, and awarded the defendants $2,000 in costs.

• Amendment of pleadings
• Standard of review
• Particularity of pleadings
• Costs
• Amendment-of-pleadings
• Standard-of-review

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GE Renewable Energy Canada Inc. v. Canmec Industrial Inc.

Court

Federal Court

The Federal Court partly allowed an amendment motion in a copyright action, refusing an open-ended expansion of alleged works but allowing a new allegation about butterfly valves.

• Amendment of pleadings
• Particularity of pleadings
• Strike‑out threshold
• Discovery scope
• Costs
• Amendment-of-pleadings

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Curtis v. Canada

Curtis v. Canada (Employment, Workforce Development and Disability Inclusion)

Court

Federal Court

The Federal Court struck Gary Curtis’s amended pleading without leave to amend, dismissed the actions against the Bank of Nova Scotia and the Crown defendants, and awarded costs.

• Motions to strike
• Rule 221
• Particularity of pleadings
• Misfeasance in public office
• Negligence
• Abuse of process

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Foresters Life Insurance Company v. Bingham Group Services Corp.

Court

Supreme Court of British Columbia

The court dismissed strike applications against individual defendants in insurance administration claims, finding it was not plain and obvious they owed no duty of care or committed no independent torts.

• Duty of care
• Independent torts
• Economic loss
• Motion to strike
• Professional negligence
• Particularity of pleadings

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Hynes v. Pro Dive Marine Services Ltd.

Court

Newfoundland and Labrador Court of Appeal

The Court concluded the applications judge's order was interlocutory and therefore leave to appeal was required and should be granted because there is a reasonably arguable point and uncertainty concerning the application of the modern rule to pleadings that allege defamatory oral and electronic communications and to pleadings that rely on inference and innuendo; granting leave allows clarification of pleading standards; costs deferred to appeal disposition.

Source excerpt

• Strike out
• Particularity of pleadings
• Innuendo and inference in defamation
• Intentional interference with economic relations
• Interlocutory appeal
• Leave to appeal

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British Columbia (Attorney General) v. Sanghera

Court

British Columbia Court of Appeal

The Court of Appeal dismissed the Province’s appeal from judicial review of a Human Rights Tribunal decision, finding no patent unreasonableness in allowing part of the complaint to proceed.

• Timeliness
• Continuing contravention
• Particularity of pleadings
• Judicial review
• Standard of review - patent unreasonableness
• Striking complaints under s.27

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Jaholkowski v. Gascoyne

Court

Supreme Court of British Columbia

The court refused to add several proposed development defendants, but allowed AMS and the Strata Corporation to be joined in a personal injury action arising from a fall from a roof.

• Joinder of parties
• Limitation period
• Particularity of pleadings
• Just and convenient discretion
• Affidavit evidence
• Joinder-of-parties

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Wyman v. Fammarz S.R.L.

Court

Supreme Court of British Columbia

The court largely upheld a product-liability pleading, finding that allegations of knowledge, prior warnings, and failure to warn were material facts. Only paragraph 17 was struck.

• Rule 19 striking pleadings
• Duty to warn
• Particularity of pleadings
• Scandalous pleadings
• Knowledge as element of damages
• Pleading

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Johnson & Johnson Inc. v. Boston Scientific Ltd.

Court

Federal Court

The Federal Court dismissed the defendant’s motion to amend its defence and counterclaim, finding the proposed estoppel pleading lacked sufficient particulars.

• Issue estoppel
• Res judicata
• Abuse of process
• Privity
• Particularity of pleadings
• Amendment of pleadings

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