Canada Case Law

Moghari v. Dolatshah

Court

British Columbia Court of Appeal

The appeal was dismissed as abandoned because the appellants did not demonstrate a bona fide intention to prosecute the appeal (they failed to take necessary steps or promptly inform the respondent), the respondent would be prejudiced by delay (loss of possession, rental income and risk of tax sale), the appeal had little prospect of success given factual and credibility-based findings at trial and underdeveloped legal argument, and the interests of justice favored dismissal rather than granting an extension or stay.

Source excerpt

• Constructive trust
• Abandonment of appeal
• Extension of time
• Stay applications
• Prejudice from delay
• Credibility and deference to trial findings

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Solakian v. Canada Post Corporation

Court

Federal Court of Appeal

The Court dismissed the appeal, holding there was no reviewable error in the Federal Court's conclusion that it was not in the interests of justice to grant a 234-day extension to file a notice of appeal; the appellants failed to provide a reasonable explanation for the delay, concerns about finality and potential prejudice weighed against relief, and deference to the Associate Judge's discretionary assessment was warranted.

Source excerpt

• Extension of time
• Finality and deadlines
• Prejudice from delay
• Standard of review
• Summary assessment of merit

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Krytskyy v. Canil

Court

Supreme Court of British Columbia

The appeal is allowed and the NOCC is renewed and may be served on Dr. Abdalvand (and alternatively he is added as a defendant) because the delay was attributable to the plaintiff's lawyers, Dr. Abdalvand is a necessary party, no actual prejudice from the delay was identified beyond the presumption, renewal or joinder best serves the interests of justice, and the addition will not materially delay proceedings.

Source excerpt

• Renewal of notice of civil claim
• Service of process
• Limitation periods
• Adding a defendant
• Prejudice from delay
• Discretionary relief

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Shepherd v. Nelson

Court

British Columbia Court of Appeal

The trial judge did not err in principle in refusing the adjournment because the appellant failed to file an application or supporting evidence despite clear prior directions, the judge considered the interests of justice and both parties including prejudice from delay, and the decision falls within the proper exercise of judicial discretion deserving appellate deference.

Source excerpt

• Adjournment of trial
• Self‑represented litigant
• Case management
• Prejudice from delay
• Proceeding in absence of party

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Aville Enterprises Ltd. v. Lloyd’s Underwriters

Court

Supreme Court of British Columbia

The Supreme Court of British Columbia dismissed Aville’s insurance action for want of prosecution after nearly nine years of inactivity and found real prejudice to the defendants.

• Want of prosecution
• Dismissal for delay
• Prejudice from delay
• Costs
• Builder's risk insurance
• Solicitor negligence

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Rabinowitz v. The Owners, Strata Plan BCS 183

Court

Supreme Court of British Columbia

The court allowed a chambers appeal and added CMI Concierge & Security Inc. as a defendant in a slip-and-fall action, despite expiry of the limitation period.

• Joinder of parties
• Amendment of pleadings
• Limitation periods
• Prejudice from delay
• Adjournment
• Costs

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Krytskyy v. Canil

Court

Supreme Court of British Columbia

Application to renew an expired notice of civil claim was dismissed, and an alternative joinder application was also refused, after repeated counsel errors and presumed prejudice.

• Renewal of notice of civil claim
• Substituted service
• Joinder / adding parties
• Prejudice from delay
• Costs
• Renewal-of-notice-of-civil-claim

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Rabinowitz v. The Owners, Strata Plan BCS 183

Court

Supreme Court of British Columbia

Application to add CMI Concierge & Security Inc. as a defendant after limitation expiry was dismissed because the plaintiff did not rebut prejudice and the proposed amendments were insufficient.

• Adding parties
• Prejudice from delay
• Cause of action on pleadings
• Adjournment of trial
• Duty of care
• Rule 6-2(7)

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Johnson-Emanuel v. Emanuel

Court

Court of Appeal for Ontario

The motion is dismissed because the motion judge identified and applied the correct legal test, found the appellant's explanation for the delay unpersuasive, found that the delay prejudiced the respondent, and concluded the justice of the case did not support an extension; the panel declined to intervene because there was no error in principle or unreasonable result.

Source excerpt

• Extension of time to perfect appeal
• Prejudice from delay
• Standard of review for panel review
• Discretionary relief

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Saffih v. Sbih

Court

Court of Appeal for Ontario

The motion judge correctly applied the governing principles, reasonably concluded the appeal lacked merit and further delay would prejudice the respondent and the children, and therefore properly refused to extend time to perfect the appeal and to grant a stay; the panel found no error in principle or unreasonable result and dismissed the motion to set aside.

Source excerpt

• Extension of time to perfect appeal
• Stay pending appeal
• Recognition of foreign divorce
• Parenting orders
• Prejudice from delay

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