Canada Case Law

Tam Estate

Court

Supreme Court of British Columbia

The application to remove the executor was dismissed because the delays and conduct did not meet the established grounds for removal (no endangerment, dishonesty, incapacity, or want of reasonable fidelity proven), the testator's appointment should be respected and the majority of beneficiaries support the executor, and remaining administrative tasks are limited and capable of completion by the current executor; however, the executor must produce specified documents relating to the joint account to allow inquiry into potential estate claims.

Source excerpt

• Removal of executor
• Appointment of substitute executor
• Production of documents
• Passing of accounts
• Joint account presumption
• Tax/clearance certificate

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Canadian Council for Refugees v. Canada (Citizenship and Immigration)

Court

Federal Court

The Federal Court dismissed an interlocutory appeal in a section 72 immigration judicial review, finding paragraph 72(2)(e) of IRPA barred the appeal and no palpable error was shown.

• Safe third country agreement
• Section 15 charter claim
• Interlocutory appeal bar under irpa s72(2)(e)
• Solicitor-client privilege
• Production of documents
• Privacy act redactions

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Pickton (Re)

Court

Supreme Court of British Columbia

The adjournment application was dismissed because the RCMP's documentation regarding the seized Dominion Avenue items is sufficiently thorough to protect any civil interests, section 490 does not support ordering preservation of property for the plaintiffs' asserted civil purposes, and the proposed adjournment would likely produce an indeterminate, lengthy delay and waste finite judicial resources, with additional concerns such as privacy and unrelated family interests weighing against delay.

Source excerpt

• Seized property disposition
• Adjournment
• Production of documents
• Standing
• Section 490 criminal code

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Parvanta v. Gajoum

Court

Supreme Court of British Columbia

The court found contempt proven because the claimant knowingly sold the Nice Property in breach of the clear Consent Order; imposed a $2,500 fine payable to the respondent within 90 days and awarded special costs payable at conclusion; incarceration rejected; on want of prosecution the court found the delay not inordinate after accounting for COVID and other factors and declined to dismiss the family claim, ordering costs in the cause.

Source excerpt

• Contempt of court
• Consent order
• Want of prosecution
• Dismissal for delay
• Sanctions and fines
• Certificate of pending litigation

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Upton v. Vstride Solutions Ltd.

Court

Supreme Court of British Columbia

The court dismissed the request to add Arjinder Kaur as a defendant, removed Jane Doe from the style of cause, and ordered limited discovery responses.

• Joinder of parties
• Amendment of pleadings
• Examination for discovery
• Production of documents
• Equitable accounting
• Costs

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Templeton Construction Ltd. v. Triumph Eastern Canada Ltd.

Court

Supreme Court of Nova Scotia

The court held the plaintiffs had not satisfied the 'best efforts' standard for several undertaking requests and must conduct OCR searches, identify locations of responsive records, obtain specified non-party files, provide a supplemental damages brief and answers to outstanding undertakings within set timelines; the case management judge may direct disclosure under Rule 15.07 and ordered productions and processes (including privilege redactions) with hard deadlines and prohibition on reliance at trial of documents found after the deadlines without consent or leave of the court.

Source excerpt

• Production of documents
• Undertakings
• Disclosure obligations
• Best efforts search
• Ocr/document search and protocol
• Privilege and redaction

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Canada (National Revenue) v. Cohen

Court

Federal Court

The Federal Court dismissed the Minister’s application for a compliance order under the Income Tax Act, finding the respondents had made reasonable efforts to produce the requested records.

• Information gathering powers
• Compliance orders
• Solicitor-client privilege
• Audit procedure
• Production of documents
• Income-tax-act

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Taherkhani v. Este

Court

Supreme Court of British Columbia

The court dismissed applications to cross-examine, produce documents, and disqualify counsel, finding no evidentiary basis for alleged coaching or misconduct.

• Disqualification of counsel
• Cross-examination on affidavit
• Production of documents
• Solicitor-client privilege
• Special costs
• Examination for discovery

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Richards v. Correctional Service Canada

Court

Canadian Human Rights Tribunal

The Tribunal partly granted a disclosure motion in this retaliation complaint, ordering CSC to disclose any maintenance logs or confirm none exist, but rejecting broader requests as speculative.

• Retaliation
• Pre-hearing disclosure
• Production of documents
• Fishing expedition
• Scope of complaint
• Pre-hearing-disclosure

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Canada (National Revenue) v. R.D. Stewart Group Inc.

Court

Federal Court

The Federal Court found the respondents in contempt for failing to comply with a corrected compliance order requiring production of tax audit records.

• Contempt of court
• Compliance orders under the income tax act
• Production of documents
• Sanctions and costs
• Civil-contempt
• Income-tax-act

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