Canada Case Law

Munjaral v. Brar

Court

Supreme Court of British Columbia

Viewed in its full factual matrix the plaintiff's claims arise from workplace complaints, the employer's investigative process and the resulting termination and are therefore in their essential character disputes governed by the Collective Agreement and the Labour Relations Code; because exclusive arbitral jurisdiction applies, the Court lacks jurisdiction, and the actions are an abuse of process and must be struck with no leave to amend.

Source excerpt

• Exclusive arbitral jurisdiction
• Weber two‑step analysis
• Abuse of process
• Collective agreement interpretation
• Leave to amend
• Summary dismissal

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Boucher v. Garnett

Court

Supreme Court of British Columbia

The prior final decision of Lyster J. adjudicated and rejected the factual basis that the parties remained in a marriage-like relationship through 2024, and the issue was necessarily determined in the earlier proceeding; therefore cause and issue estoppel and the broader doctrine of abuse of process bar the present claim. The claim is dismissed with costs and ancillary relief ordered to remove CPLs and release trust funds to Garnett.

Source excerpt

• Want of prosecution
• Certificates of pending litigation (cpl)
• Issue estoppel
• Cause of action estoppel
• Summary dismissal

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Stainer v. Thurgood

Court

Supreme Court of British Columbia

The application for summary dismissal was dismissed because the court was not satisfied beyond a reasonable doubt that the plaintiff's wills variation claim has no chance of success; the Court of Appeal's rulings in Hope and Peri do not foreclose all claims by non-biological, non-adopted persons and Peri expressly left open expansion where a sufficiently compelling factual matrix exists, which raises triable issues that cannot be resolved summarily under Rule 9-6(5).

Source excerpt

• Wills variation
• Standing
• Definition of "child"
• Stare decisis
• Summary dismissal

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Bryfogle v. British Columbia (Attorney General)

Court

Supreme Court of British Columbia

The court summarily dismissed Roy Charles Bryfogle’s certiorari and mandamus application challenging stays entered on 13 private informations, finding no Nixon threshold and clear frivolousness under Haevischer.

• Private information
• Stay of proceedings
• Abuse of process
• Vexatious litigant
• Summary dismissal
• Nixon evidentiary threshold

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R. v. Klos

Court

British Columbia Court of Appeal

The Court of Appeal summarily dismissed Morris Timothy Klos’s appeal, holding it raised no substantial question of law and was frivolous or vexatious.

• Private information
• Summary dismissal
• Jurisdiction
• Case management
• Charter remedies
• Private-information

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Tweedale v. British Columbia (Attorney General)

Court

British Columbia Court of Appeal

The Court of Appeal for British Columbia summarily dismissed a self-represented appellant’s criminal appeal after repeated non-compliance with transcript and filing deadlines.

• Summary dismissal
• Appeal procedure
• Transcript requirements
• Timeliness and diligence
• Pre-trial detention
• Summary-dismissal

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Eeckhout v. Toews

Court

Supreme Court of British Columbia

The court dismissed a Facebook defamation action under British Columbia’s PPPA, finding the claim lacked substantial merit and granting full indemnity costs.

• Protection of public participation act
• Pppa s.4 dismissal
• Pleading requirements in defamation
• Online/social media defamation
• Summary dismissal
• Costs and indemnity

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Knight v. British Columbia (Public Safety)

Court

British Columbia Court of Appeal

Appeal from interlocutory case-management orders was summarily dismissed as frivolous and vexatious under s. 21 of the Court of Appeal Act.

• Interlocutory orders
• Summary dismissal
• Vexatious litigation
• Transcripts and dars access
• Costs and fees
• Summary-dismissal

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Moreau c. Administration Portuaire d'Halifax

Court

Federal Court of Appeal

The extension request was denied and the appeal summarily dismissed because the underlying appeal is doomed to fail: the appellant did not demonstrate irreparable harm required for a mandatory interlocutory injunction, his explanation for delay (lack of funds for transcription) was not reasonable given his financial position, and the court properly exercised its plenary case‑management power to reject an appeal with no realistic prospect of success; costs were awarded to the respondents ($1,000 each).

Source excerpt

• Interlocutory injunction
• Extension of time
• Summary dismissal
• Language rights
• Costs

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Bennison v. Bennison

Court

British Columbia Court of Appeal

The British Columbia Court of Appeal dismissed Erich Bennison’s appeal, holding he lacked standing for a wills variation claim and had not pleaded a viable challenge to the will’s validity.

• Standing
• Wills variation
• Testamentary capacity
• Undue influence
• Summary dismissal
• Pleading standards

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