Canada Case Law

mCloud Technologies Corp. v. Wynward Insurance Group

Court

British Columbia Court of Appeal

The Court has jurisdiction to consider applications to amend leave applications after the s.60 30-day period, but must refuse amendments that are so significant they effectively constitute an application for extension of time; the proposed amendments here fundamentally reframed the appeal and therefore were dismissed as an impermissible extension of time.

Source excerpt

• Leave to appeal
• Amendment of leave application
• Statutory time limits
• Extension of time
• Security for costs
• Directors' liability

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Canada Employment Insurance Commission v GM

Court

Social Security Tribunal of Canada

The General Division erred by failing to decide whether the appeal to the General Division was filed within the statutory time under s.52 DESD Act; evidence shows the Commission's November 7, 2023 decision was communicated on December 8, 2023 and the appellant filed an appeal by email on September 17, 2025, which is more than one year after communication, so the appeal cannot proceed under s.52(2) DESD Act; the Appeal Division substitutes its own decision dismissing the claimant's appeal as time-barred.

Source excerpt

• Reconsideration
• Extension of time
• Jurisdictional error
• Late appeal
• Communication of decision
• Statutory time limits

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Goodrich Realty Inc. v. Camano

Court

Supreme Court of British Columbia

Petition for judicial review of an RTB monetary order dismissed as out of time; the court also held the arbitrator’s decision was not patently unreasonable.

• Judicial review
• Statutory time limits
• Agent liability
• Standard of review
• Patent unreasonableness
• Costs

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Fraser v. The King

Court

Tax Court of Canada

The Tax Court held the notice of assessment was sent, making the taxpayer’s objection and extension requests out of time. The appeal was quashed for lack of jurisdiction.

• Notice of assessment
• Notice of objection
• Statutory time limits
• Extension of time
• Jurisdiction of tax court
• Notice-of-assessment

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Ludwig v. Blair

Court

Supreme Court of British Columbia

The court dismissed a judicial review of RTB decisions granting possession and rejecting a late review application, finding no proven fraud, unfairness, or patent unreasonableness.

• Judicial review
• Procedural fairness
• Statutory time limits
• Orders of possession
• Conclusive presumption
• Allegation of fraud in tenancy agreement

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IS v Minister of Employment and Social Development and NS

Court

Social Security Tribunal of Canada

The appeal was filed more than one year after the Minister notified the reconsideration decision (notification January 10, 2024; appeal filed February 4, 2025), and s.52(2) of the DESD Act bars acceptance of an appeal more than one year after notification, therefore the Tribunal must refuse to accept the late appeal and the appeal cannot proceed.

Source excerpt

• Late appeals
• Extension of time
• Reconsideration
• Statutory time limits

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JT v Minister of Employment and Social Development

Court

Social Security Tribunal of Canada

The appeal was filed more than one year after the Minister communicated the reconsideration decision (communication dated August 16, 2023; latest permissible filing within one year expired August 26, 2024) and the Tribunal has no jurisdiction to accept an appeal beyond that one-year statutory limit; therefore the appeal will not proceed.

Source excerpt

• Late appeals
• Extension of time
• Statutory time limits
• Reconsideration decision

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Nova Scotia (Community Services) v GR

Court

Supreme Court of Nova Scotia

On the balance of probabilities the Minister proved N remains at substantial risk of harm because GR's substance use, persistent exposure to violence, inadequate parenting capacity and refusal to engage in recommended extensive therapeutic interventions have not been sufficiently remedied; no reasonable family placement plan was presented and the statutory timeline has expired, therefore it is in N's best interests to be placed in the permanent care and custody of the Minister.

Source excerpt

• Permanent care order
• Best interests of the child
• Substantial risk of harm
• Statutory time limits
• Family placement alternatives
• Substance abuse and violence

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Math4Me Learning Inc. v. 1099615 B.C. Ltd.

Court

British Columbia Court of Appeal

The Court of Appeal quashed an out-of-time application for leave to appeal an arbitral award, holding it had no jurisdiction to extend the 30-day limit.

• Leave to appeal
• Statutory time limits
• Jurisdiction
• Setting aside awards
• Enforcement of arbitral awards
• Costs

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Minister of Community Services v. J.N. and M.K.

Court

Supreme Court of Nova Scotia

Although the mother is caring and engaged with services, the Minister proved on a balance of probabilities that, because of the mother’s significant cognitive limitations and demonstrated inability to consistently identify and meet the children’s physical and medical needs despite extensive supports, returning the children would expose them to a substantial risk of physical harm and medical neglect; emotional neglect was not substantiated; consequently permanent care and custody in the Minister’s care is in the children’s best interests.

Source excerpt

• Permanent care and custody
• Substantial risk
• Neglect
• Medical neglect
• Best interests of the child
• Expert evidence admissibility

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