Canada Case Law

Bruce v. Economical Insurance

Court

Supreme Court of British Columbia

The application to set aside the Dismissal Order was dismissed because there was no clerical error or absence of notice, the plaintiffs were given notice and multiple opportunities to comply with the Case Plan Order but failed to do so and to attend the Strike Application, the trial judge properly exercised discretion to strike the pleadings under the Rules, and the appropriate remedy would have been an appeal which was not filed.

Source excerpt

• Strike for non-compliance with case planning order
• Setting aside orders
• Service and notice
• Costs

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Talpade v. AMJ Campbell Company Toronto East

Court

Court of Appeal for Ontario

The Court of Appeal set aside its earlier order after finding the moving parties’ responding materials had not been placed before the panel.

• Rules of civil procedure r.2.1/r.2.1.01
• Setting aside orders
• Remittal to different panel
• Fee waiver revocation
• Access to digital-audio recordings
• Civil-procedure

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Hamdi v. Ali

Court

British Columbia Court of Appeal

The Court of Appeal allowed the appeal, holding the chambers judge applied res judicata and abuse of process to the wrong question when striking the family claim.

• Consent orders
• Res judicata
• Abuse of process
• Setting aside orders
• Undue influence
• Unconscionability

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Canada (Revenu national) c. Gestion Valiquette Oakes Inc.

Court

Federal Court

La Cour fédérale rejette la requête de Gestion Valiquette Oakes Inc. visant à rétracter une ordonnance de délaissement forcé et accorde 2000 $ en dépens au Roi.

• Setting aside orders
• Service of process
• Default judgment
• Costs
• Setting-aside-orders
• Service-of-process

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Green Mile Original Ltd. v. MacDonald

Court

Supreme Court of British Columbia

The court set aside a chambers order rectifying Green Mile’s corporate records, finding a defence worthy of investigation and a real risk of miscarriage of justice.

• Share issuance
• Rectification of corporate registers
• Service of process
• Default judgment
• Setting aside orders
• Miscarriage of justice

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Amur Capital Income Fund Inc. v. 1365650 B.C. Ltd

Court

Supreme Court of British Columbia

The court set aside an order nisi in a foreclosure matter after defective substituted service, premature hearing, and prejudicial interest-rate error.

• Service of process
• Substituted service
• Common law service
• Irregularity under rule 22-7
• Slip rule (rule 13-1(17))
• Interest act compliance

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Shahrokhi v. Yazdani

Court

Supreme Court of British Columbia

Supplementary reasons refusing to set aside a chambers order dismissing the defendants’ application, with criticism of counsel’s affidavit evidence and remote-appearance conduct.

• Setting aside orders
• Default judgment
• Special costs
• Remote appearance and practice directions
• Credibility of affidavit evidence
• Civil-procedure

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Boutilier v. Hilly Acres Farm Limited

Court

Supreme Court of Nova Scotia

The ex parte renewal motions filed by the Plaintiffs contained false and misleading information and failed the full and fair disclosure requirement of Rule 22.05; therefore the Defendants were entitled to a substantial contribution to their costs for the motions in each of the six proceedings and the court awarded specified lump sum costs payable forthwith to each Defendant in each matter.

Source excerpt

• Ex parte motions
• Full and fair disclosure
• Renewal of notice of action
• Setting aside orders
• Costs assessment
• Misleading court documents

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First West Credit Union v. Bizarro

Court

Supreme Court of British Columbia

The court set aside personal judgment against a respondent in a foreclosure matter, found her default was negligent but not blameworthy, and left the sale order intact.

• Foreclosure
• Default judgment
• Setting aside orders
• Misrepresentation
• Co-signer liability
• Costs

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Boutilier v. Hilly Acres Farm Limited

Court

Supreme Court of Nova Scotia

The renewal orders were set aside because the ex parte applications contained false or misleading statements and omitted material facts—specifically prior service and communications with defendants and the absence of ongoing settlement discussions—breaching the duty of full and frank disclosure required for ex parte relief; such non-disclosure vitiates the ex parte renewals.

Source excerpt

• Renewal of notice of action
• Ex parte motions
• Duty of full and frank disclosure
• Service of process
• Setting aside orders

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