Canada Case Law

1866noentry.com Systems Ltd. v. Surrey (City)

Court

Supreme Court of British Columbia

The Court concluded the BCSC Action, insofar as it sought monetary relief duplicative of the Small Claims claim and beyond the cap which Intercon had expressly abandoned, constituted an abuse of process and must be struck; however Shimco lien claims against the statutory holdback are fora-specific to the Supreme Court and therefore may proceed but should be stayed pending resolution of the Small Claims Action; the registered builder's lien is extinguished for failure to commence Supreme Court proceedings within the one-year BLA deadline and the lien bond may be released to Graham.

Source excerpt

• Builders lien
• Shimco lien
• Abuse of process
• Stay
• Statutory limitation
• Small claims jurisdiction

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R.W. Tomlinson Limited v. Labourers’ International Union of North America, Local 527

Court

Court of Appeal for Ontario

The Ontario Court of Appeal awarded the respondents costs of the appeal and varied the motion judge’s costs order, reducing both awards by 25% to reflect divided success.

• Costs
• Stay
• Motions and appeals
• Civil-procedure
• Appeals

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Metz v. Canada (Immigration, Refugees and Citizenship)

Court

Federal Court

The Federal Court struck a judicial review application challenging an RPD refugee decision, finding the non-party applicant lacked standing. The stay motion was moot.

• Standing
• Judicial review
• Authorization under irpa s.72
• Stay
• Procedural fairness
• Motion to strike

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D’Aoust v. Dagesse

Court

Supreme Court of British Columbia

The court found British Columbia had jurisdiction over a claim concerning Mabry Road, but stayed the proceeding pending resolution of the Alberta property issues.

• Jurisdiction
• Forum non conveniens
• Certificate of pending litigation
• Fraudulent conveyance
• Property division
• Stay

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Unilin Beheer B.V. v. 6035558 Canada Inc.

Court

Federal Court

The Federal Court dismissed defendants’ motion to set aside a discovery schedule and stay steps pending a security for costs motion, awarding the plaintiffs $6,000 costs.

• Case management
• Security for costs
• Stay
• Discovery
• Motions
• Abuse of process

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S.D. v. P.M and Nova Scotia (Minister of Opportunities and Social Development)

Court

Nova Scotia Court of Appeal

The motions were dismissed and the appeal summarily dismissed because (1) the proposed late amendment raised no arguable or material issue and was untimely under Rule 90.39; (2) the order the appellant sought to stay had been vacated so there was no order to stay; and (3) the Notice of Appeal failed to disclose any ground for appeal such that the appeal could be dismissed under Rule 90.40(1). Additionally, the appellate court lacked jurisdiction to conduct the requested systemic review or grant injunctive or evidentiary relief respecting ongoing lower court proceedings.

Source excerpt

• Intervention
• Stay
• Amendment of notice of appeal
• Summary dismissal for failure to disclose a ground
• Injunctive and declaratory relief
• Publication restriction

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McLean v. Connell

Court

Court of Appeal for Ontario

On initial review under r.2.2.06(1) both r.2.2.02(a) motions were dismissed: although the record supported referring Ms. Connell's conduct to a r.2.2.07 hearing, the court exercised its discretion to dismiss that motion to avoid derailing an imminent merit hearing (Sept 4, 2025) and to ensure efficient disposition; Ms. Connell's motion against Mr. McLean was dismissed for lack of evidence of a persistent pattern of misconduct. The judge therefore denied both vexatious-litigant referrals, granted Mr. McLean a short extension to file responding materials, accepted Ms. Connell's Supplementary No…

Source excerpt

• Vexatious litigant
• Appeal
• Costs
• Enforcement of orders
• Extension of time
• Stay

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Dr. Aref Tabarsi Inc. v. British Columbia (Workers’ Compensation Appeal Tribunal)

Court

Supreme Court of British Columbia

The court held a WCAT jurisdictional decision was final and reviewable now, dismissed a motion to strike as premature, and stayed the certification proceedings pending judicial review.

• Jurisdiction
• Prematurity
• Stay
• Statutory interpretation
• Certification under s.311 wca
• Judicial-review

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Maplewood Properties Incorporated v. Lindsay Construction Limited

Court

Supreme Court of Nova Scotia

The application to appoint Bruce Outhouse was stayed because the scope of Arbitrator Outhouse's existing jurisdiction over matters at 800 Maplewood is unclear and that threshold issue should be resolved by Arbitrator Outhouse first; given the statutory and contractual preference for arbitration and the Dell/Uber framework, the court must defer to the arbitrator on mixed fact-and-law jurisdictional questions to avoid premature court intervention and potential abuse of process.

Source excerpt

• Arbitrator appointment
• Stay
• Jurisdiction
• Abuse of process
• Dispute resolution clause
• Consultant findings

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ʔAkisq̓nuk First Nation v. British Columbia Environmental Appeal Board

Court

Supreme Court of British Columbia

The court granted an interlocutory injunction to preserve the status quo pending judicial review of an EAB stay dismissal concerning dredging works on Windermere Lake.

• Interlocutory injunction
• Duty to consult
• Judicial review
• Stay
• Irreparable harm
• Balance of convenience

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