Canada Case Law

Boston Development Corp. v. Takhar

Court

Supreme Court of British Columbia

The NOCC, read as a whole and assumed true, does not plead any legal or beneficial interest in the Property as against the registered owner nor plead that funds were actually used to acquire the Property or that the registered owner engaged in any wrongful acquisition; because the preconditions of s.215 LTA are not met, the CPL registered against the Property must be cancelled and deficiencies cannot be cured by subsequent amendment on this application.

Source excerpt

• Certificate of pending litigation
• Constructive trust
• Pleading sufficiency
• Section 215 lta
• Cancellation of cpl
• Costs

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Kavanagh v. Barbeau

Court

Supreme Court of British Columbia

The court held it was not plain and obvious that the RTCC was unnecessary, scandalous, frivolous or prejudicial because the contested allegations (including claims of tax evasion and deception by the deceased) were relevant to a bona fide defence that the deceased retained control and caused the companies' financial and tax problems; however, the court struck narrowly those broad, sweeping and undated allegations that alleged unspecified illegality or lifelong misconduct unconnected to the pleaded issues (paras. 7, 10 and 17) as confusing and potentially prejudicial, and granted leave to amen…

Source excerpt

• Strike pleadings
• Fiduciary duty breach
• Unjust enrichment
• Pleading sufficiency
• Allegations of tax evasion
• Relevance and prejudice in pleadings

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Salloum v. Smith (Smiths IP)

Court

British Columbia Court of Appeal

The Court of Appeal refused to extend time to appeal, finding no arguable merit in the proposed appeal from striking and amendment orders. Stay and consolidation were also dismissed.

• Extension of time to appeal
• Striking pleadings
• Abuse of process
• Absolute privilege
• Stay of proceedings
• Consolidation

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Lu v. Dentons Canada LLP

Court

Supreme Court of British Columbia

On a Rule 9-5(1)(a) application, the court struck the amended notice of civil claim against Dentons Canada LLP and Trustee Jordan Schultz for failure to plead material facts supporting breach of trust.

• Breach of trust
• Pleading sufficiency
• Constructive knowledge
• Trustee de son tort
• Lawyer trust accounts
• Rule 9-5 striking pleadings

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Sun v. Bloomex, Inc.

Court

Federal Court

The Federal Court dismissed Bloomex’s motion to strike the strikethrough pricing and star ratings claims, but struck some evidentiary passages from the pleading.

• Drip pricing
• False or misleading representations
• Double ticketing
• Struck-through pricing
• Star ratings
• Pleading sufficiency

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1020840 BC Ltd. v. The TDL Group Corp.

Court

Supreme Court of British Columbia

The court dismissed a motion to amend a civil claim, finding the proposed fraudulent misrepresentation, nuisance, and unlawful means tort pleadings were unclear and insufficiently particularized.

• Amendment of pleadings
• Fraudulent misrepresentation
• Private nuisance
• Intentional interference with economic relations (unlawful means tort)
• Pleading sufficiency
• Limitation period

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Integrated Team Solutions PCH Partnership v. Mitsubishi Heavy Industries, Ltd.

Court

Court of Appeal for Ontario

The motion judge correctly concluded Ontario has jurisdiction because the plaintiffs established a good arguable case that the tort (damage to generators) occurred in Ontario; the appellants failed to prove a valid, incorporated, and applicable exclusive forum selection clause because they did not introduce the General Terms and Conditions into evidence and the clause was ambiguous and not shown to bind the plaintiffs or other defendants; therefore the stay was properly refused and the appellate court dismissed the appeal.

Source excerpt

• Jurisdiction
• Forum selection clause
• Stay of proceedings
• Forum non conveniens
• Pleading sufficiency
• Jurisdictional connecting factors

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James McCallum & Associates Ltd. v. Courchene

Court

British Columbia Court of Appeal

The Court of Appeal allowed the appeal and struck the claim against an accounting firm, finding no pleaded facts to support a common employer theory.

• Common employer doctrine
• Wrongful dismissal
• Pleading sufficiency
• Application to strike (rule 9-5(1)(a))
• Common-employer-doctrine
• Wrongful-dismissal

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Northam Distributor Ltd. v. Roman Hardware Inc.

Court

Supreme Court of British Columbia

Roman Hardware Inc.’s applications to strike, summarily dismiss, and obtain security for costs were dismissed; the court ordered production of a list of documents.

• Non‑compete clause
• Share purchase agreement
• Civil conspiracy
• Pleading sufficiency
• Summary judgment
• Security for costs

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Bevan v. Husak

Court

British Columbia Court of Appeal

The Court of Appeal allowed the appeal from an order striking claims in fraudulent misrepresentation and negligent infliction of mental distress.

• Fraudulent misrepresentation
• Negligent infliction of mental distress
• Pleading sufficiency
• Proximity in duty of care
• Causation
• Damages

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