Canada Case Law

Independent NS Initiative v. Elections Nova Scotia

Court

Supreme Court of Nova Scotia

The Application for Judicial Review is dismissed because it was brought after the limitation period under Rule 7.05 had run (communication occurred in April 2024) and it amounts to a collateral attack and abuse of process in light of Justice Murray's prior, final decision in PtH 538503 which addressed timeliness and refused to extend time; mandamus was not available and the factual record did not justify reopening issues already decided.

Source excerpt

• Judicial review
• Limitation periods
• Collateral attack
• Abuse of process
• Mandamus
• Standing

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British Columbia Mainland Cricket Association v. Chowdhury

Court

British Columbia Court of Appeal

The chambers judge committed an error of law by selectively interpreting the Society's purposes (giving undue primacy to fostering/extension) and failing to interpret the repeated phrase 'the game of cricket' holistically with the bylaws and governing rules; read properly the phrase denotes cricket played under ICC/MCC Laws and Rule 10 is a permissible governance/regulatory measure within the Society's purposes and therefore not contrary to the Societies Act; appeal allowed and amended petition dismissed.

Source excerpt

• Ultra vires
• Interpretation of society purposes
• S.104 and s.105 enforcement
• Standing
• Rule validity
• Player eligibility

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Din v. British Columbia (Attorney General)

Court

Supreme Court of British Columbia

The Court is bound by Caldwell J.'s ratio that siblings who provide care or stand in a parent‑like relationship are not 'parents' under the FCA; accordingly the plaintiffs do not fall within the statutory categories entitled to bring an FCA claim. However, the Court declined to summarily dismiss or strike out the FCA pleadings because two genuine issues remain for trial—whether the exclusion of siblings violates s.15 of the Charter and, if standing is provided by a Charter remedy, whether the plaintiffs' alleged pecuniary losses are recoverable—and because s.6 does not render this action a nu…

Source excerpt

• Family compensation act
• Standing
• Section 15 charter equality
• Summary judgment (rule 9-6)
• Strike out (rule 9-5)
• Res judicata/issue estoppel

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Harmorg Properties Inc. v. Scott

Court

Supreme Court of British Columbia

The petition was allowed and the Tribunal's decision set aside because the Tribunal committed procedural unfairness by deciding the pivotal issue of corporate separation and standing on inferences not put to the petitioner and by making an unreasonable and legally erroneous finding that Just Flooring was a separate corporation; the Tribunal's reasons were also inadequate on credibility, warranting remittal for a rehearing.

Source excerpt

• Standing
• Procedural fairness
• Privity of contract
• Corporate personality
• Fresh evidence
• Adequacy of reasons

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Dempsey v. Nova Scotia Barristers’ Society

Court

Supreme Court of Nova Scotia

A complainant in a professional disciplinary process lacks standing to seek substantive judicial review of the disciplinary body's merits; judicial review by a complainant is limited to minimal, context‑specific procedural fairness as defined by Baker and provincial authorities. Consequently Grounds A, C, D, E, F and H, which seek substantive review, are dismissed for lack of standing; Grounds B and G raise procedural issues and remain available for consideration within the limited procedural framework.

Source excerpt

• Standing
• Procedural fairness
• Reasons for decision
• Delay
• Jurisdiction of regulatory bodies

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Tritt v. Tritt

Court

Supreme Court of British Columbia

The application was dismissed because the solicitor's file was not shown to be relevant to the distinct legal issue of capacity to enter a spousal relationship (which has a lower threshold than testamentary or POA capacity), and the executor's authority under s.142(1) WESA does not permit unrestricted waiver of solicitor-client privilege or production of a non-party solicitor's file for purposes unrelated to administering the estate; Rule 7-1(18) requires relevance which was not established.

Source excerpt

• Standing
• Capacity to enter relationship
• Production of documents from non-party
• Wills exception
• Executor authority to waive privilege
• Costs

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Foch v. Sharon Gun Club

Court

Court of Appeal for Ontario

The Ontario Court of Appeal dismissed an appeal challenging the operation and finances of the Sharon Gun Club, holding the claims were barred by a release, limitation period, and lack of standing.

• Release
• Limitation period
• Standing
• Costs
• Operation of regulated facility
• Limitation-period

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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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Save Record Ridge Action Committee Society v. British Columbia

Save Record Ridge Action Committee Society v. British Columbia (Environment and Parks)

Court

Supreme Court of British Columbia

The court granted a time‑limited interim injunction because there is a serious question to be tried on whether an environmental assessment was required, SRRACS would suffer irreparable harm if the project commenced (making the petition moot by the 'substantially started' threshold), and the balance of convenience favoured preserving the status quo; accordingly SRRACS must post security of $162,500 and the petition hearing was ordered for the Rossland Assize starting May 5, 2026.

Source excerpt

• Environmental assessment
• Judicial review
• Interim injunction
• Standing
• Statutory interpretation
• Mining permits

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Sidhu v. Jain

Court

Court of Appeal for Ontario

The Court of Appeal held the RPLA applied to a claim for a beneficial interest in land or damages in lieu, and dismissed the appeal.

• Real property limitations act
• Limitations act, 2002
• Statute-barred claims
• Summary judgment
• Standing
• Consolidation

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