Case Law › Supreme Court of British Columbia

[1] The petitioners in this case are Thomas Patrick Crean (“Thomas Crean”), his brother Michael Kevin Crean (“Michael Crean”), Crean Holdings Ltd. (“Crean Holdings”) and 1086881 B.C. Ltd. (“1086881”).

[1] The claimant seeks an order pursuant to s. 17 of the Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.), retroactively varying an order pronounced by Madam Justice Gray at a judicial case conference on May 5, 2015 (“Final Order”) regarding the payment by the respondent to her of child and spousal support.

[1] The respondent in this family law dispute applies for a stay of proceedings on jurisdictional grounds. He argues that this Court should decline jurisdiction over the dispute in favour of China. In the alternative, he argues that this Court should sever the dispute and solely adjudicate the issues of child support and parenting while declining jurisdiction over the issues of property division...

[1] THE COURT: The offender before the court, Armaan Singh Chandi, was jointly charged with Inderpal Singh Aujla with the attempted murder of the Motaz Alharbi using a restricted firearm, intentionally discharging a firearm while being reckless as to the life or safety of another person, covering his face with a mask while committing an indictable offence, dangerous operation of a motor vehicle,...

[1] This trial primarily concerned the division of assets. The parties began dating in high school. They moved in together in October 1996 and were married two years later. They had four children between 1999 and 2006. Their marriage lasted over 18 years, and they separated in April 2015.

[1] THE COURT: So these are my reasons for sentence in the matter of R. v. Victor Junior James. I will note at the outset that Mr. James has the right to address the court before sentence is imposed. However, Mr. James, who is in custody, repeatedly resisted efforts of jail staff and sheriffs to bring him to court and when appearing by video was so disruptive of the process that I had to remove...

[1] Mr. Hynes is charged with possession for the purpose of trafficking in controlled substances under s. 5(2) of the Controlled Drugs and Substances Act, S.C. 1996, c. 19. These offences are alleged to have occurred in and around the noon hour of October 27, 2017, at 5433 River Road in Port Alberni, B.C. (the “Property”).

[1] THE COURT: This is my ruling on the application made yesterday.

[1] Mr. Oswald stands charged with the commission of nine criminal offences alleged to have occurred on July 1, 2017 in Vancouver, British Columbia. The alleged offences include:

[1] On April 8 2019 after a trial I found that the plaintiff was wrongfully dismissed by the defendant and awarded him wrongful dismissal damages, unpaid vacation pay and aggravated damages.

[1] Sameer Mapara was sentenced to life imprisonment with no eligibility for parole for 25 years after being convicted of the first degree murder of Vikash Chand. Mr. Mapara applies to have a jury consider whether the number years of imprisonment he has to serve prior to being eligible for parole reduced pursuant to s. 745.6 of the Criminal Code, R.S.C. 1985, c. C-46. A jury has been empanelled...

[1] THE COURT: On January 9, 2019, I issued Reasons for Judgment (indexed at 2019 BCSC 21) in this personal injury action where liability had been admitted. In brief, the plaintiff, Mr. McPhail, sought damages of over $6 million. I awarded Mr. McPhail general damages of $35,000 and special damages of $2,475. No damages were awarded under any other head, although they were claimed by Mr. McPhail....

[1] THE COURT: In this decision, I will refer to heroin and fentanyl and the combination of the two drugs as heroin and/or fentanyl.

[1] Canivate Growing Systems Ltd. (“Canivate”) seeks an interim and interlocutory injunction, pursuant to the inherent jurisdiction of this court and Rule 10-4 of the Supreme Court Civil Rules, requiring Stuart Brazier to:

[1] THE COURT: This is an application by the respondent for a return of the parties' two children, Kenny, born May 3, 2014, so almost five, and Miikka, born January 20, 2016, so three, to West Kelowna from Telkwa near Smithers where they were taken by the claimant mother following an incident of family violence on November 14, 2018. The details of that violence are much in issue.

[1] This action arises in the context of the sale of a residential home in Chilliwack, British Columbia (the “Property”). The plaintiff, Robert Beacock, purchased the Property from the defendants, Fernando and Janet Moreno (collectively, the “Morenos”), pursuant to a contract of purchase and sale dated July 13, 2005 (the “Contract”).

[1] On August 2, 2018, I granted an ex parte preservation order in favour of the plaintiff (the “Order”), while declining a Mareva injunction also sought by the plaintiff. My Reasons are now indexed at 2018 BCSC 1512.

[1] This is a summary trial application. The underlying action arises from injuries sustained by the plaintiff Ms. Herron when she tripped over a curb and fell in the parking lot of a strip mall operated and maintained by the defendant Value Industries. Ms. Herron filed a notice of civil claim alleging that Value Industries Ltd. (“Value Industries”) is liable for failing to take proper steps to...

[1] The claimant B.L.S. and the respondent D.J.S. began living together in a marriage-like relationship in July 1991. They separated on April 1, 2011.

[1] The petitioner challenges various actions of EPS 522 Strata Council (the “Council”) on the basis that they have not complied with the Strata Property Act, S.B.C 1998, c.43 (SPA). He seeks court declarations and related orders to correct the impugned conduct.

[1] The Plaintiff, John William Wright, has commenced this action against the defendants. His notice of civil claim seeks “Compensation” for “False identification of person” and “physical, emotional damage obstruction of justice, conspiracy and fraud”. He has filed the current application for orders holding the defendants “accountable” for their conduct towards him between 1994 and 1997.

[1] These proceedings arise from two motor vehicle accidents that occurred on January 14, 2013 and April 26, 2013 (the “Accidents”). The plaintiff, Daisy Hinagpis, was a front seat passenger in vehicles driven by her husband in both of the Accidents. Mrs. Hinagpis commenced these actions against the other drivers, Victor Adaza III and Paul Thompson, seeking damages for the injuries she alleges...

[1] Dr. Farzad Khademolhosseini was injured in a rear end collision on December 23, 2014 when he was 28 years old. Liability is admitted for the car accident. This case is about determining the nature of his injuries, their impact on his life, and any damages that flow.

[1] The question of costs has been remitted by the Court of Appeal decision indexed at 2017 BCCA 438.

[1] In 2016 Lindsay Parker bought a home and property at 5000 Sooke Hanger Drive from Anne Porter. Ms. Parker now claims damages from Ms. Porter, pleading breach of contract, fraudulent or negligent misrepresentation, and breach of a duty of care she alleges Ms. Porter as seller owed to Ms. Parker as purchaser. Ms. Parker's claims center around access to the property, water supply to the home,...

[1] This is the application of the defendant, 1057149 Alberta Ltd. (“105 Ltd.”) for an order cancelling the claim of builder's lien registered in the Kamloops Land Title Office under instrument number BB3041266 (the “Claim of Lien”), and the certificate of pending litigation registered in the Kamloops Land Title Office under instrument number CA6028823 (the “CPL”), against title to the property...

[1] The appellant strata corporation (the “Strata”) appeals from a decision of the Civil Resolution Tribunal (“CRT”) reported at 2017 BCCRT 141 (the “CRT decision”), which ordered the Strata to deliver certain categories of documents to the respondent owner by mail.

[1] The parties were married for almost 33 years. They married on June 5, 1982, and separated in January 2015. At the time of the marriage the claimant was 17 years of age and the respondent 19.

[1] On November 23, 2018, the Court issued an order1 enjoining the enforcement of s. 17, 18 and 45 of the Medicare Protection Act, R.S.B.C. 1996, c. 286 (“MPA”). The order was granted in the middle of a trial underway since 2016 where the plaintiffs challenge the constitutionality of certain provisions of the MPA. The constitutional challenge raises issues of whether wait times for medically...

[1] This action concerns a dispute over whether a referral fee, or closing fee – these terms were used interchangeably in the evidence – was payable to the plaintiffs by the defendant real estate brokers upon the close of a real estate transaction.