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Canada decisions
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The British Columbia Supreme Court dismissed Dow Silicones’ appeal from an order refusing to strike Cascade Aqua-Tech’s amended third party notice.
The court struck a student’s claim against University Canada West and others, finding the amended pleading disclosed no reasonable cause of action and could not be saved by further amendment.
The court granted the CRA’s request to hear its strike application before certification in this proposed class proceeding about the GLGI tax shelter scheme.
The court refused to adjourn a trial management conference pending a strike application, finding the TMC was needed to ensure trial readiness and that delay was not justified.
The court dismissed McKinsey’s strike application, finding the record did not plainly and obviously show Jamieson’s opioid class action was an abuse of process.
The court struck several affidavit exhibits and paragraphs as hearsay, inadmissible expert opinion, or non-compliant document evidence, but allowed Exhibit A for a limited purpose.
The court awarded the City of Surrey uplift costs at Scale B after striking the petition, finding the matter abusive, duplicative, and grossly inadequate without uplift.
Appeal dismissed from an order allowing SRC Engineering Consultants Ltd. to file a third-party notice; the court held the claim was not plainly bound to fail and costs were in the cause.
The court struck a third-party notice in a share-dispute case, finding the claims against the third parties were too remote from the main action and would add undue complexity and prejudice.
The court struck the plaintiff’s amended notice of civil claim, finding the Workers Compensation scheme and tribunal immunity provisions barred the action and the pleading was speculative.
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