Hollander v. Mooney, 2017 BCCA 238

JurisdictionBritish Columbia
JudgeHunter
Date22 June 2017
Citation2017 BCCA 238
Subject MatterPRACTICE
Docket NumberCA40586,CA41095
CourtCourt of Appeal (British Columbia)
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41 practice notes
  • Malish v. 2407077 Ontario Limited, 2021 BCSC 2448
    • Canada
    • Supreme Court of British Columbia (Canada)
    • December 20, 2021
    ...claim set out facts that would justify a finding of an abuse of process and an award for special costs. It relies on Hollander v. Mooney, 2017 BCCA 238 at para. 79, for the proposition that conduct by litigants that is an abuse of process is, by its nature, reprehensible and deserving of an......
  • Walkom v. Law Society of British Columbia, 2019 BCCA 391
    • Canada
    • Court of Appeal (British Columbia)
    • November 8, 2019
    ...discretionary and entitled to deference: see Giles v. Westminster Savings and Credit Union, 2010 BCCA 282, cited in Hollander v. Mooney, 2017 BCCA 238 at para. [19] I agree with the Law Society’s submission that the chambers judge erred in declining to consider whether it was plain and obvi......
  • R. v. Irwin, 2020 ONCA 776
    • Canada
    • Court of Appeal (Ontario)
    • December 9, 2020
    ...B.C.L.R (6th), at para. 89; Lamb v. Canada (Attorney General), 2018 BCCA 266, 10 B.C.L.R. (6th) 118, at paras 94-95; Hollander v. Mooney, 2017 BCCA 238, 27 E.T.R. (4th) 1, at paras. [41]       In many cases, the defence or legal argument raised will be a clear ......
  • Tafti v. Davis,
    • Canada
    • Court of Appeal (British Columbia)
    • March 29, 2021
    ...an award of special costs, as may conduct that is an abuse of process but falls short of a collateral attack: Hollander v. Mooney, 2017 BCCA 238 at paras. 74–79, leave to appeal ref’d [2017] S.C.C.A. No. [35] In support of their argument for special costs, the respondents submit this appeal......
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41 cases
  • Malish v. 2407077 Ontario Limited, 2021 BCSC 2448
    • Canada
    • Supreme Court of British Columbia (Canada)
    • December 20, 2021
    ...claim set out facts that would justify a finding of an abuse of process and an award for special costs. It relies on Hollander v. Mooney, 2017 BCCA 238 at para. 79, for the proposition that conduct by litigants that is an abuse of process is, by its nature, reprehensible and deserving of an......
  • Walkom v. Law Society of British Columbia, 2019 BCCA 391
    • Canada
    • Court of Appeal (British Columbia)
    • November 8, 2019
    ...discretionary and entitled to deference: see Giles v. Westminster Savings and Credit Union, 2010 BCCA 282, cited in Hollander v. Mooney, 2017 BCCA 238 at para. [19] I agree with the Law Society’s submission that the chambers judge erred in declining to consider whether it was plain and obvi......
  • R. v. Irwin, 2020 ONCA 776
    • Canada
    • Court of Appeal (Ontario)
    • December 9, 2020
    ...B.C.L.R (6th), at para. 89; Lamb v. Canada (Attorney General), 2018 BCCA 266, 10 B.C.L.R. (6th) 118, at paras 94-95; Hollander v. Mooney, 2017 BCCA 238, 27 E.T.R. (4th) 1, at paras. [41]       In many cases, the defence or legal argument raised will be a clear ......
  • Tafti v. Davis,
    • Canada
    • Court of Appeal (British Columbia)
    • March 29, 2021
    ...an award of special costs, as may conduct that is an abuse of process but falls short of a collateral attack: Hollander v. Mooney, 2017 BCCA 238 at paras. 74–79, leave to appeal ref’d [2017] S.C.C.A. No. [35] In support of their argument for special costs, the respondents submit this appeal......
  • Request a trial to view additional results

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