Canada Case Law

Avis Homes Limited v. Sidhu

Court

Supreme Court of British Columbia

The Cheques totaling $550,000 lacked a juristic reason on the evidence (neither repayment of redevelopment expenses nor payment of a tax debt), supporting an unjust enrichment award against Real Deal and Ms. Sidhu in that amount; the Court will not defer that award pending the Tax Action because the Reasons did not determine Mr. Dhillon's tax liability and there is no basis to secure a different party's claim by withholding funds; GST paid on the purported September 2020 transfer was triggered by Ms. Sidhu's unauthorized occupation and is not a redevelopment expense recoverable from Avis; occ…

Source excerpt

• Reopening trial
• Constructive trust and restitution
• Occupational rent
• Gst characterization
• Prejudgment interest
• Costs

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Begg v. Provincial Rental Housing Corporation

Court

Supreme Court of British Columbia

The plaintiff’s application to reopen his case was dismissed in a negligence action after a no-evidence motion, with the court finding no fresh evidence and no miscarriage of justice.

• Reopening trial
• No-evidence motion
• Miscarriage of justice
• Admission of new evidence
• Standard of care
• Causation

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Adair v. Baryla

Court

Supreme Court of British Columbia

The court dismissed a post-judgment application to reopen a family law trial to admit evidence of alleged prior child support payments.

• Child support
• Reopening trial
• Retroactive child support
• Finality
• Judicial discretion
• Child-support

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R. v. J.O.P.

Court

Court of Appeal for Ontario

The appeal was dismissed because the trial judge properly excluded the proposed s.276(2) evidence as impermissible or irrelevant, made credible and open-to-the-trier findings on credibility, applied the correct subjective mens rea framework (finding knowledge/wilful blindness), reasonably denied an in camera appeal hearing as unnecessary given alternatives and existing publication ban, and the appellant abandoned his reopening application so suffered no unfair deprivation of process.

Source excerpt

• Sexual assault
• Consent
• Prior sexual activity (s.276)
• Admissibility
• Credibility assessment
• Mens rea (knowledge/recklessness/wilful blindness)

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Doostyar v. Canada

Court

Federal Court of Appeal

The Tax Court did not commit reversible error in refusing to allow further submissions after circulating draft reasons because the invitation was limited to non‑substantive corrections, the appellants had had a full opportunity to adduce evidence at trial and their request amounted to an impermissible attempt to re‑argue decided issues; therefore the appeal is dismissed.

Source excerpt

• Shareholder loan account
• Reopening trial
• Finality of judgment
• Judgment vetting
• Procedural fairness
• Costs

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K.S. v. C.W.K.

Court

Supreme Court of British Columbia

The court dismissed most of a post-trial application to reopen, rejecting deductions for tax and realtor commission, but corrected a support-payment arithmetic error.

• Reopening trial
• Fair market value
• Capital gains tax
• Realtor commission
• Support arrears and offsets
• Admissibility of expert/hearsay evidence

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S.K.W. v. C.M.W.

Court

Supreme Court of British Columbia

Family-law trial judgment on parenting, property, debt, child support and spousal support after a 15-year marriage. Reopening was denied and joint parenting was ordered.

• Parenting time
• Parenting coordinator
• Section 211 report
• Family law act s.37
• Equalization of family property and debt
• Rrsp rollover

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R. v. H.S.

Court

Court of Appeal for Ontario

The appeal is dismissed because the trial judge did not err: the VIS did not disclose a plain and obvious inconsistency that would meet the Palmer fresh evidence threshold to vacate a conviction; the s.276 application was correctly dismissed because the sexual relationship evidence lacked probative value on disputed issues and would invite prohibited inference; and the credibility findings were open on the evidence and entitled to deference and not palpably wrong.

Source excerpt

• Victim impact statement
• Reopening trial
• Fresh evidence (palmer)
• Sexual history evidence (s.276)
• Credibility assessment
• Publication ban

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Fromfroid S.A. v. 1048547 Ontario Inc

Court

Federal Court

The Federal Court found the cooling cells were built before the patent expired, infringed claims 1 to 3, and awarded compensatory and punitive damages.

• Patent infringement
• Date of construction
• Circumstantial evidence
• Presumptions of fact
• Damages (compensatory and punitive)
• Reopening trial

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1104318 BC Ltd. v. Dr. Paul Wittenberg, Inc.

Court

Supreme Court of British Columbia

The court refused to reopen the plaintiff’s case to call a former receptionist about alleged invoice falsification in a dental-practice sale dispute.

• Misrepresentation
• Reopening trial
• Fresh evidence
• Self-incrimination
• Prejudice
• Miscarriage of justice

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