Canada Case Law

Ajvazi v. McCormick Law Group ("W.ML.G.") & Associate

Court

Supreme Court of British Columbia

The court dismissed the bias/recusal application as unsupported, struck the 2025 Notice of Civil Claim in its entirety as an abuse of process and dismissed it without leave to amend because it sought to relitigate matters already finally determined (including Ajvazi 2024 and the Earlier Orders), declared the plaintiff a vexatious litigant with narrowly tailored restrictions requiring leave to commence further proceedings related to the same subject matter or against listed parties, and awarded lump sum special costs to rebuke continued collateral attacks.

Source excerpt

• Abuse of process
• Vexatious litigant orders
• Striking pleadings under rule 9-5
• Special costs
• Judicial recusal/bias

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Williams v. British Columbia (Ministry of Public Safety and Solicitor General)

Court

Supreme Court of British Columbia

Application to amend parties in a misfeasance action allowed. The court substituted the Registrar for several provincial defendants and kept limited discovery protections.

• Misfeasance in public office
• Vicarious liability
• Substitution/removal of parties
• Discovery and pre-trial examination
• Striking pleadings under rule 9-5
• Misfeasance-in-public-office

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1153765 B.C. Ltd. v. Dann

Court

Supreme Court of British Columbia

The court cancelled a CPL and struck constructive trust allegations, finding the pleadings did not disclose a sufficient interest in land under s. 215 of the Land Title Act.

• Certificate of pending litigation
• Constructive trust
• Unjust enrichment
• Builders lien
• Striking pleadings under rule 9-5
• Land title act s.215

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McCaw v. JDS Energy & Mining Inc.

Court

Supreme Court of British Columbia

The court dismissed JDS’s application to strike the amended notice of civil claim, finding the pleaded claims and alternative remedies were not bound to fail.

• Fraudulent misrepresentation
• Unjust enrichment
• Constructive trust
• Value-survived damages
• Conversion
• Passing off

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Ip v. College of Physicians and Surgeons

Court

Supreme Court of British Columbia

The Court allowed an amended petition but struck it in entirety, finding no legal basis to order disclosure of the requested College records and awarding costs to the College.

• Health professions act s.26.2
• Freedom of information and protection of privacy act (fippa)
• Judicial review
• Striking pleadings under rule 9-5
• Costs
• Access-to-information

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Chen v. Dang

Court

Supreme Court of British Columbia

The court dismissed most strike applications in a shareholder dispute over SELC companies, finding the civil claim and most oppression allegations arguable, but struck two AGM-related oppression allegations.

• Oppression remedy
• Derivative action
• Specific performance
• Foss v. harbottle rule
• Shareholders agreement
• Striking pleadings under rule 9-5

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Craigmohr Holdings Ltd. v. Baldassarre

Court

Supreme Court of British Columbia

The court struck a shareholder claim because the alleged wrongs were to the company, not the plaintiffs personally, and no independent duty or loss was pleaded.

• Foss v. harbottle rule
• Derivative action
• Breach of fiduciary duty
• Conversion
• Fraudulent misrepresentation
• Striking pleadings under rule 9-5

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Stonewater Ventures (No. 185) Ltd. v. Stonewater Ventures (No. 168) Ltd.

Court

Supreme Court of British Columbia

The court struck equitable mortgage allegations and discharged a CPL because the pleadings did not disclose an interest in land. No security was ordered.

• Certificate of pending litigation
• Equitable mortgage
• Striking pleadings under rule 9-5
• S.215 land title act compliance
• Hardship and inconvenience under ss.256-257 lta
• Authority of corporate representatives

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Anderson v. Double M Construction Ltd.

Court

Supreme Court of British Columbia

La demande de la demanderesse est rejetée; l’acte de procédure modifié est radié, avec autorisation limitée d’amender certaines réclamations.

• Summary judgment under rule 9-6
• Striking pleadings under rule 9-5
• Written interrogatories rule 7-3
• Licence vs tenancy
• Trespass
• Nuisance

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Muldoe v. Derzak

Court

British Columbia Court of Appeal

The Court of Appeal dismissed an appeal from an order striking claims against a Workers’ Compensation Board case manager and the Board for lack of material facts.

• Misfeasance in public office
• Intentional interference with economic relations
• Privative clause and statutory immunity
• Striking pleadings under rule 9-5
• Leave to amend
• Misfeasance-in-public-office

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