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Canada Case Law

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Civil procedure 2025 BCCA 445

Knight v. British Columbia (Public Safety)

Leave to appeal from case planning conference orders was denied, and the no-fee application was also dismissed, because the proposed appeal lacked merit and would delay trial.

  • Leave to appeal
  • Case management/case planning conference
  • Particulars and pleadings
  • Examinations for discovery
  • No-fee application under court of appeal rules r.85(6)
  • Vicarious liability
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Constitutional law 2024 BCSC 205

The Conseil scolaire francophone de la Colombie-Britannique v. British Columbia

On pleadings motions in a section 23 Charter case, the court struck one evasive paragraph, allowed amendment of another, and ordered some particulars while refusing others.

  • Section 23 charter rights
  • Doré proportionality review
  • Motions to strike
  • Particulars and pleadings
  • Judicial review
  • Section-23-charter-rights
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Employment law 2020 BCSC 1936

Taylor v. British Columbia

The court ordered further and better particulars and struck the misfeasance in public office claim, leaving the wrongful dismissal claim to proceed.

  • Wrongful dismissal
  • Misfeasance in public office
  • Particulars and pleadings
  • Striking pleadings
  • Indemnity for legal costs
  • Costs
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Aboriginal law 2018 BCSC 730

West Moberly First Nations v. British Columbia

Court ordered further particulars in a Treaty 8 Site C challenge, struck several expert affidavits as inadmissible, and granted limited document production.

  • Treaty 8
  • Treaty infringement
  • Interlocutory injunction
  • Particulars and pleadings
  • Expert evidence admissibility
  • Cumulative impacts
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Aboriginal law 2018 BCSC 270

West Moberly First Nations v. British Columbia

Case planning ruling in the Site C litigation setting deadlines for particulars, pleadings, evidentiary applications, cross-examinations and the injunction hearing.

  • Treaty rights infringement
  • Interlocutory injunction
  • Case management
  • Evidence admissibility
  • Particulars and pleadings
  • Change of venue
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Employment law 2015 BCSC 781

Price v. 481530 B.C. Ltd.

The court ordered targeted particulars on several pleadings in a wrongful dismissal dispute, denied others as discovery matters, and dismissed a late counterclaim application.

  • Wrongful dismissal
  • Constructive dismissal
  • Conversion/misappropriation
  • Particulars and pleadings
  • Discovery
  • Extension of time for counterclaim
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Class actions 2010 BCCA 267

Halvorson v. British Columbia (Medical Services Commission)

The Court of Appeal allowed the appeal in part, held the pleadings were defective for lack of material facts, and sent the matter back with directions for fresh pleadings.

  • Certification requirements
  • Cause of action threshold
  • Particulars and pleadings
  • Case management
  • Mediation
  • Remittal of appeals
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Civil procedure 2009 BCSC 51

Westbank Holdings Ltd. v. Westgate Shopping Centre Ltd.

The court ordered production of settlement documents except one privileged solicitor letter, allowed amendments to pleadings, struck part of the fraud claim against Glassman, and ordered particulars.

  • Production of settlement documents
  • Confidentiality and without prejudice privilege
  • Amendment of pleadings
  • Consolidation and joinder
  • Particulars and pleadings
  • Striking pleadings
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Intellectual property 2006 FC 952

Areva NP GmbH v. Atomic Energy of Canada Ltd.

The Federal Court dismissed a motion to strike in a patent case, holding it was not plain and obvious that the claim disclosed no cause of action or exceeded jurisdiction.

  • Patent infringement
  • Jurisdiction
  • Motion to strike
  • Punitive damages
  • Abuse of process
  • Security for costs
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Insurance law 2005 BCSC 95

Swiss Reinsurance Company v. Camarin Limited et al

The court dismissed most strike applications in a reinsurance misrepresentation dispute, ordered limited particulars and discovery, and struck Swiss Re’s third party notice against Weyerhaeuser.

  • Misrepresentation
  • Non-disclosure
  • Rescission
  • Third party notice
  • Particulars and pleadings
  • Strike‑out under rule 19(24)
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.