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Canada Case Law

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Civil procedure 2025 BCCA 443

1163499 B.C. Ltd. v. Yao

The Court of Appeal dismissed the appeal, holding that ordinary service was sufficient, the Miracle Feeds test applied, and no reversible error was shown.

  • Setting aside default judgment
  • Miracle feeds test
  • Reconsideration under rule 22-1(3)
  • Ordinary service vs actual notice
  • Inherent jurisdiction to set aside judgments
  • Standard of review (palpable and overriding error)
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Civil procedure 2024 BCCA 383

Ibrahim v. Hashemi

The Court of Appeal dismissed Ali Ibrahim’s appeal from an order setting aside default judgment and a damages assessment against Shima Hashemi.

  • Setting aside default judgment
  • Assessment of damages following default
  • Service of process
  • Reconsideration under rule 22-1(3)
  • Cross-examination on affidavits
  • Admission of fresh evidence
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Civil procedure 2021 BCCA 100

Chinese Social Development Society v. The Vancouver Chinese Public School

The Court of Appeal dismissed leave to appeal from a chambers order for vacant possession, holding the proper remedy was reconsideration under Rule 22-1(3).

  • Vacant possession
  • Reconsideration under rule 22-1(3)
  • Failure to appear at chambers hearing
  • Leave to appeal denied
  • Costs assessment
  • Vacant-possession
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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.