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Canada Case Law

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Civil procedure 2021 BCSC 169

Gallo v. Reyes

The court denied short leave in a pre-trial application, finding the asserted urgency was manufactured by delay after service of six expert reports.

  • Short leave
  • Urgency
  • Manufactured urgency
  • Expert reports
  • Service of documents
  • Evidence act
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Family law 2020 BCSC 2194

Shih v. Shih

The court granted an interim without prejudice suspension of child support, finding a prima facie case for variation, hardship, urgency, and no ongoing unclean hands.

  • Interim relief
  • Variation of support
  • Clean hands doctrine
  • Parenting time impact
  • Loss of employment
  • Urgency
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Competition law 2020 Comp Trib 5

Nuvocare Health Sciences Inc. - Order denying request for adjournment and fixing steps towards hearing

The Tribunal found the Commissioner’s Application to be urgent, concluded the Respondents had ample notice and no clear and convincing evidence justifying the requested lengthy adjournments (including that the medical note was insufficient), denied all requests to vary urgency or for long adjournments, granted a limited, time‑bound right to cross‑examine the Commissioner’s two affiants (2.5 hours each on specified dates), required the Respondents to file any testing materials as exhibits to an affidavit by May 4, 2020, and fixed the hearing on a peremptory basis for May 11, 2020; confidential…

  • Temporary order
  • Consent agreement
  • Urgency
  • Adjournment
  • Cross-examination of affiants
  • Confidentiality of filings
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Family law 2020 BCSC 665

Campbell v. Chan

The court dismissed a father’s urgent application to return children to Vancouver, finding no clear breach of the parenting order and that return was not in their best interests.

  • Parenting time
  • Supervised access
  • Urgency
  • Best interests of the child
  • Covid-19 pandemic
  • Parenting-time
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Family law 2020 BCCA 10

K.F.M. v. K.G.T.

The Court of Appeal dismissed a review application challenging refusal of leave to appeal an interim Family Law Act order giving the mother health decision-making authority.

  • Leave to appeal
  • Interim orders
  • Parental responsibilities
  • Child health decisions
  • Procedural fairness
  • Urgency
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Civil procedure 2018 BCSC 329

Equustek Solutions Inc. v. Jack

The court refused to adjourn Google’s application to vary or vacate an injunction, holding that Google had a clear right to seek relief and had acted promptly.

  • Adjournment
  • Variation of interlocutory injunction
  • Third party rights
  • Effect of foreign judgment
  • Urgency
  • Interlocutory-injunction
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Property law 2017 BCSC 2462

Woodbridge Developments Ltd. v. 1056119 B.C. Ltd.

The court refused to discharge a CPL immediately, granted cross-examination of the defendant’s deponent, and directed the parties to return on a fuller hearing.

  • Certificate of pending litigation
  • Cross-examination on affidavit
  • Adjournment
  • Urgency
  • Discharge of cpl
  • Certificate-of-pending-litigation
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Civil procedure 2017 FC 520

Technologies H2CI Inc. v. Canada

Technologies H2CI Inc. v. Canada (Environment and Climate Change)

The Federal Court dismissed an ex parte motion for an interim injunction because the applicant did not prove urgency or the need to proceed without notice.

  • Interim injunction
  • Ex parte relief
  • Urgency
  • Service
  • Rjr‑macdonald test
  • Abandonment of property
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Intellectual property 2016 FC 350

University of California v. I-Med Pharma Inc.

The Federal Court dismissed TearLab’s motion for an interim injunction, finding the evidence of irreparable harm speculative and insufficient for interim relief.

  • Interim injunction
  • Irreparable harm
  • Balance of convenience
  • Urgency
  • Expert evidence
  • Market harm
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Family law 2014 BCSC 1445

Tidy v. Tidy

The court varied a without-notice freezing order in a family case, narrowing it to debts owed to the husband and his shares, and held no undertaking as to damages was required.

  • Freezing order
  • Mareva injunction
  • Full and frank disclosure
  • Urgency
  • Undertaking as to damages
  • Shareholder loans and corporate assets
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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.