In Smithies Holdings Inc. v. RCV Holdings Ltd., 2017 BCCA 177, the BC Court of Appeal considered whether special costs can be awarded based on pre-litigation conduct. The Court reviewed the conflicting jurisprudence and unanimously concluded that a bright line should be drawn: pre-litigation conduct should not be considered in determining whether to award special costs.
This case involved the termination of a joint venture agreement related to the development of a parcel of land. The respondent withdrew from the joint venture, triggering an option for the appellants to purchase the respondent’s interest in the land based on the … Continue Reading
“Can a litigant challenge the constitutional validity of subordinate legislation such as a provincial regulation by bringing an application under Rule 14.05 in Superior Court or is she required to proceed by way of an application for judicial review in the Divisional Court?” Justice Belobaba says “Yes” in Di Cienzo v. Attorney General of Ontario.
Ms. Di Cienzo was a bus driver. Her bus license was automatically revoked pursuant to Ontario Drivers’ License Regulation after she lost one eye to cancer. She believed she could drive a bus as safely as a person with two eyes. Relying on … Continue Reading
On February 23, 2017, the Supreme Court of Canada refused leave to appeal the Court of Appeal’s decision in Xela Enterprises Ltd. v. Castillo: a case in which the Court determined that it is acceptable to serve parties in accordance with the Rules of Civil Procedure in states that are not signatories to the Hague Convention.… Continue Reading