Trociuk v. British Columbia

JurisdictionBritish Columbia
CourtSupreme Court of British Columbia (Canada)
JudgeSilverman, J.
Citation[2008] B.C.T.C. Uned. E60,2008 BCSC 1597
Date02 December 2008
Subject MatterTORTS,PRACTICE,DAMAGE AWARDS,DAMAGES

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6 practice notes
  • Appendices
    • Canada
    • Irwin Books Understanding Charter Damages. The Judicial Evolution of a Charter Remedy
    • June 23, 2016
    ...not at issue, and rejected the lower courts’ $100 award for wrongful seizure of the claimant’s car. 70) Trociuk v British Columbia (AG) , 2008 BCSC 1597. Trial court rejected Charter damages claim. 71) Lahaie v Canada (AG) (2008), 303 DLR (4th) 213; 63 CCLT (3d) 199, [2008] OJ No 5276 (SCJ)......
  • The Second Period of Evolution, 1995?2010
    • Canada
    • Irwin Books Understanding Charter Damages. The Judicial Evolution of a Charter Remedy
    • June 23, 2016
    ...examination of these cases suggests that such labels essentially 24 Ibid . 25 Pearson , above note 3; Trociuk v British Columbia (AG) , 2008 BCSC 1597 [ Trociuk ]. 26 [1971] SCR 957. 27 [1979] 1 SCR 42. 28 See Appendix 1. 29 Punitive damages were awarded in only one case: McTaggart , above ......
  • Bajwa v. British Columbia Veterinary Medical Association et al.
    • Canada
    • Supreme Court of British Columbia (Canada)
    • June 15, 2012
    ...unsubstantiated allegations are true, in order to resolve this application. They rely on the decision of Silverman J. in Trociuk v. HMTQ, 2008 BCSC 1597 for the principle that an application to dismiss may be granted where Dr. Bajwa's pleadings do not meet a minimal threshold level raise to......
  • Johar v. College of Veterinarians of British Columbia
    • Canada
    • Supreme Court of British Columbia (Canada)
    • July 23, 2020
    ...if this section were not in force. [216] The defendants argue that a mere allegation of malice is insufficient. In Trociuk v. HMTQ, 2008 BCSC 1597 [Trociuk], Silverman J. [32] In my view, the defendant’s application under Rule 19(24) with respect to the tort claim must succeed at this stage......
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4 cases
  • Bajwa v. British Columbia Veterinary Medical Association et al.
    • Canada
    • Supreme Court of British Columbia (Canada)
    • June 15, 2012
    ...unsubstantiated allegations are true, in order to resolve this application. They rely on the decision of Silverman J. in Trociuk v. HMTQ, 2008 BCSC 1597 for the principle that an application to dismiss may be granted where Dr. Bajwa's pleadings do not meet a minimal threshold level raise to......
  • Johar v. College of Veterinarians of British Columbia
    • Canada
    • Supreme Court of British Columbia (Canada)
    • July 23, 2020
    ...if this section were not in force. [216] The defendants argue that a mere allegation of malice is insufficient. In Trociuk v. HMTQ, 2008 BCSC 1597 [Trociuk], Silverman J. [32] In my view, the defendant’s application under Rule 19(24) with respect to the tort claim must succeed at this stage......
  • Aubichon v. Saskatchewan et al.
    • Canada
    • Court of Queen's Bench of Saskatchewan (Canada)
    • February 4, 2010
    ...et al. v. Saskatchewan, [1977] 2 S.C.R. 576; 11 N.R. 222, refd to. [para. 36]. Trociuk v. British Columbia, [2008] B.C.T.C. Uned. E60; 2008 BCSC 1597, refd to. [para. Cooper v. Registrar of Mortgage Brokers (B.C.) et al., [2001] 3 S.C.R. 537; 277 N.R. 113; 160 B.C.A.C. 268; 261 W.A.C. 268; ......
  • Cimaco International Sales Inc. v. British Columbia (Attorney General) et al.
    • Canada
    • Supreme Court of British Columbia (Canada)
    • June 18, 2009
    ...suspended the licence. [51] The statement of claim has no facts to support that allegation. A similar plea was made in Trociuk v. HMTQ , 2008 BCSC 1597. Mr. Justice Silverman stated: [32] In my view, the defendant's application under Rule 19(24) with respect to the tort claim must succeed a......
2 books & journal articles
  • Appendices
    • Canada
    • Irwin Books Understanding Charter Damages. The Judicial Evolution of a Charter Remedy
    • June 23, 2016
    ...not at issue, and rejected the lower courts’ $100 award for wrongful seizure of the claimant’s car. 70) Trociuk v British Columbia (AG) , 2008 BCSC 1597. Trial court rejected Charter damages claim. 71) Lahaie v Canada (AG) (2008), 303 DLR (4th) 213; 63 CCLT (3d) 199, [2008] OJ No 5276 (SCJ)......
  • The Second Period of Evolution, 1995?2010
    • Canada
    • Irwin Books Understanding Charter Damages. The Judicial Evolution of a Charter Remedy
    • June 23, 2016
    ...examination of these cases suggests that such labels essentially 24 Ibid . 25 Pearson , above note 3; Trociuk v British Columbia (AG) , 2008 BCSC 1597 [ Trociuk ]. 26 [1971] SCR 957. 27 [1979] 1 SCR 42. 28 See Appendix 1. 29 Punitive damages were awarded in only one case: McTaggart , above ......