Canada Case Law

Tung v. Lu

Court

Supreme Court of British Columbia

Material facts must be pleaded for non-family civil claims in family proceedings; where pleadings contain no material facts the court may consider affidavit evidence to test whether claims are 'capable of being repaired' and whether they are bound to fail. Applying the law to the facts before the court, the judge struck or dismissed the non-family claims: all of Nancy's civil claims were struck; all but two of Anshan's civil claims were struck; the two surviving Anshan claims (conspiracy against Hans and breach of contract against CIBC) were dismissed on summary trial because Nancy's contrave…

Source excerpt

• Pleadings and particulars
• Striking pleadings
• Summary trial
• Breach of fiduciary duty
• Intentional interference with economic interests
• Conspiracy

Read case analysis

Cameco Corporation v. The King

Court

Tax Court of Canada

The court refused to strike the Minister's Replies as an abuse of process because the respondent's answers to demands for particulars (albeit poorly communicated) provided the arm's length prices relied upon and the defects were not incurable; issue estoppel did not apply to different taxation years or amended contracts; Rule 170.1 relief was inappropriate because factual and legal controversies remained; the respondent was ordered to provide specified particulars by June 30, 2025 and a timetable for disclosure, discoveries and reporting was set, with costs in the cause.

Source excerpt

• Transfer pricing
• Issue estoppel
• Pleadings and particulars
• Abuse of process (rule 53)
• Rule 170.1 judgment
• Discovery and timetable

Read case analysis

Flanagan v. VINN Automotive Technologies Limited

Court

Supreme Court of British Columbia

On a motion to strike, the court dismissed four tort claims in a wrongful dismissal case, but allowed the civil conspiracy claim to proceed.

• Wrongful dismissal
• Breach of fiduciary duty
• Negligence
• Inducing breach of contract
• Intentional interference with economic relations
• Civil conspiracy

Read case analysis

Canada v. Adboss, Ltd.

Court

Federal Court of Appeal

The location of a corporation's controlling mind and management involves applying a legal test to facts and is therefore a question of mixed fact and law; because the Minister’s reply contained a mixed fact-and-law conclusion without particulars, and the Minister refused to provide particulars, the respondents were left to speculate about the factual basis, causing prejudice and constituting an abuse of process under Rule 53, so striking the Impugned Assumption was proper and the Tax Court’s decisions were upheld.

Source excerpt

• Gst/hst
• Corporate residency
• Controlling mind and management
• Pleadings and particulars
• Motions to strike
• Assumptions of fact

Read case analysis

Adelberg v. Canada

Court

Federal Court

The Federal Court struck a large COVID-19 policy claim: no leave for plaintiffs covered by s. 236 FPSLRA, and leave to amend for the rest.

• Federal public sector labour relations act s236
• Grievance procedure
• Pleadings and particulars
• Charter challenges
• Covid-19 vaccination policy
• Federal-public-sector-labour-relations-act

Read case analysis

British Columbia v. Greengen Holdings Ltd.

Court

British Columbia Court of Appeal

The British Columbia Court of Appeal dismissed the Province’s appeal in a misfeasance in public office case, holding the claim could proceed directly against public authorities with proper identification of officials.

• Misfeasance in public office
• Pleadings and particulars
• Issue estoppel
• Vicarious liability
• Judicial review
• Style of cause

Read case analysis

Hodgins v. British Columbia

Court

Supreme Court of British Columbia

The court struck Paragraph 4 of the amended claim for inadequate pleading, finding the agency-based and misfeasance allegations too vague, but allowed a further amendment.

• Misfeasance in public office
• Trespass
• Misrepresentation
• Pleadings and particulars
• Striking pleadings
• Expropriation

Read case analysis

Sood v. Hans

Court

Supreme Court of British Columbia

The court held that three related Vancouver and New Westminster actions should be tried together or consecutively because they share a common factual core in the Ravine Lands transactions.

• Joinder of actions
• Consolidation vs. concurrent trials
• Interlocutory applications
• Counterclaims
• Trust funds and security for cpls
• Pleadings and particulars

Read case analysis

Sandhu v. Surrey (City)

Court

Supreme Court of British Columbia

The court struck several pleaded claims in a civil action over alleged unlawful RCMP involvement in property searches, but allowed trespass, negligence, injurious falsehood, and misfeasance in public office to proceed.

• Trespass
• Negligence and gross negligence
• Misfeasance in public office
• Conspiracy (unlawful means)
• Injurious falsehood
• Nuisance

Read case analysis

Elliott v. Canada

Court

Federal Court

The Federal Court dismissed Elliott’s appeal from an order striking his statement of claim without leave to amend, finding no reviewable error.

• Motion to strike
• Pleadings and particulars
• Leave to amend
• Costs
• Abuse of process
• Collateral attack

Read case analysis