Supreme Court Rule Procedures

Social Media Can Be Compelled- Beware

I am sure that many trial lawyers have experience in obtaining damaging photos or information against the “opposition” from social media . People are amazingly loose lipped and brazen about

The Importance of Pleadings

Pleadings are important. They delineate the issues between the parties and inform the opposing party of the nature of the case they have to meet. Pleadings prevent surprises at trial

Withdrawl of an Admission

Generally speaking in litigation it is a safe measure to initially  deny everything and admit little until  absolutely sure about making the admission, as it is difficult to withdraw it

Conduct of a Court sale

In Kainth v Brar 2022 BCSC 1552 the petitioner in a partition action brought an application for sole conduct of the sale of the property. The Court reviewed firstly it’s

Notice of Claim Struck for Tedious Length ( Prolixity)

Action4 Canada v BC Attorney General 2022 BCSC 1507 involved a 391 page Notice of Claim that was struck in it’s entirety for prolixity. The notice of claim was mostly
Re-Opening a Trial & Miscarriage of Justice

Re-Opening a Trial & Miscarriage of Justice

Cox v Swartz 2022 BCSC 1494 reviewed the law relating to re-opening a trial and the prevention of a miscarriage of justice if not allowed. The court has a broad
S.10 Law & Equity Act Used to Enforce Settlement

S.10 Law & Equity Act Used to Enforce Settlement

Binning v Gill 20922 BCSC 1479 reviewed the law relating to court applications to enforce settlements and relied upon S. 10 of the Law & equity Act to enforce a
Non Disclosure Leads to Adverse Inference

Non Disclosure Leads to Adverse Inference

Sarzynick v Skwarchuk 2021 BCSC 443 held that the defendant who was found to have strategically refused to disclose and produce financial documents could be held to an adverse inference
The Doctrine of Mootness

The Doctrine of Mootness

Zucchiatti v. The College of Dental Surgeons of British Columbia, 2013 BCSC 1736 discussed the doctrine of mootness: The doctrine of mootness was described in a unanimous SCC in Borowski
Using Affidavits

Using Affidavits

Rule 22-2 (12) of the Supreme Court Civil Rules [SCCR] states, “Subject to subrule (13), an affidavit must state only what a person swearing or affirming the affidavit would be