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Civil procedure 2026 BCSC 138

Collmann v. Rally

The court struck a civil claim against solicitors for a lender, finding no duty of care to the borrower and that the claims were unnecessary and an abuse of process.

  • Strike under rule 9-5
  • Duty of care to non-client
  • Contribution and indemnity
  • Abuse of process
  • Frivolous pleadings
  • Costs
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Defamation 2025 BCSC 223

Gesner v. Jennings

The court struck the plaintiff’s defamation and contract pleading in full, dismissed the action, refused further leave to amend, and denied a vexatious-litigant declaration.

  • Strike under rule 9-5
  • Nullity under rule 6-1
  • Leave to amend
  • Collateral attack on prior judgment
  • Absolute and qualified privilege
  • Sealing order (sherman estate test)
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Civil procedure 2024 BCSC 1293

Kepa v. Catlin

The court struck most of Marty Kepa’s further amended claim as prolix and untenable, but allowed a limited amendment focused on the March 2002 arrest and charges.

  • Strike under rule 9-5
  • Pleadings and prolixity
  • Limitation and delayed discovery
  • False arrest
  • Police act s.11(1)(b)
  • Costs
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Defamation 2021 BCSC 2545

Martin v. Tangerine Bank

The court dismissed Maria Martin’s defamation claim against Tangerine Bank, finding the alleged statements did not refer to her or amount to publication to third parties.

  • Publication
  • Elements of defamation
  • Strike under rule 9-5
  • Summary judgment under rule 9-6
  • Amendment of pleadings
  • Foreseeability
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Civil procedure 2021 BCSC 1960

Kepa v. Catlin

Amended civil claim struck for excessive, repetitive and speculative pleading, but leave to amend was granted with strict limits; limitation and provincial liability issues were not finally decided.

  • Strike under rule 9-5
  • Pleading requirements
  • Misfeasance in public office
  • False arrest and malicious prosecution
  • Qualified immunity under police act s.21
  • Crown liability under police act s.11
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Contract law 2021 BCSC 125

Marshall v. Gain Auto Group

The court struck the claim against Gain-VI, finding no reasonable cause of action because the pleadings did not show privity, agency, or grounds to pierce the corporate veil.

  • Breach of contract
  • Implied condition of fitness
  • Ostensible/actual agency
  • Piercing the corporate veil
  • Strike under rule 9-5
  • Damages for mental distress
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Civil procedure 2020 BCCA 179

0742848 B.C. Ltd. v. 426008 B.C. Ltd.

Appeal dismissed on a s. 9(6) review. The court upheld refusal to extend time to appeal and found no reasonable apprehension of bias from a former partnership.

  • Extension of time
  • Strike under rule 9-5
  • Dismissal under rule 9-6
  • Duty of care in foreclosure
  • Civil conspiracy
  • Trespass
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Landlord and tenant 2019 BCSC 247

Rafique v. AWM-Alliance Real Estate Group Ltd.

The court struck a tenant-related petition as disclosing no reasonable cause of action and made a narrow vexatious litigant order under s. 18.

  • Vexatious litigant
  • Strike under rule 9-5
  • Payment into court
  • Mandamus
  • Judicial review
  • Eviction
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Civil procedure 2015 BCSC 2658

McIvor v. British Columbia (Attorney General)

The court dismissed claims against the Law Society, the Attorney General and Crown counsel, and a lawyer, finding no reasonable cause of action and no triable issue.

  • Strike under rule 9‑5
  • Summary judgment rule 9‑6
  • Duty of care
  • Charter s.7 damages for wrongful non‑disclosure
  • Lawyer duties to the court vs opposing party
  • Costs and special costs
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Administrative law 2015 BCSC 965

Honborg v. Private Career Training Institutions Agency

The court struck a civil claim challenging a registration suspension as an abuse of process and for no reasonable cause of action. The stay application was moot and would also fail.

  • Judicial review vs civil action
  • Abuse of process
  • Strike under rule 9-5
  • Stay/interim injunction
  • Duty of care of public agencies
  • Registration and accreditation of private career training institutions
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.