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  • Civil Procedure accounts for 38 out of 812 casebriefs.

Style of causeRatio

Standard Life Assurance v Elliott, (2007) 86 OR (3d) 221

Don’t have to prove deliberate wrongdoing to award substantial costs against the solicitor – but just because you establish abuse of process doesn’t mean you will for sure have costs against the solicitor

The Canadian Council of Churches v Minister of Employment and Immigration [1992] 1 SCR 236

The purpose of the public interest standing is to ensure legislation is not immunized from challenge. In this case, thousands of refugees could and did bring their own challenge so there was no point in allowing CCC.

Toews v First Choice Canada Inc., 2014 ABQB 784

No, it is sufficient that a tort be connected to a contract formed elsewhere to have a presumptive connection with that place.

Toronto (City) v C.U.P.E., Local 79, [2003] 3 S.C.R. 77

The doctrine of abuse of process may be used either defensively or offensively

Toronto (City) v. C.U.P.E., Local 79, [2003] 3 SCR 77

No, as a matter of abuse of process, and not issue estoppel (since there’s no mutuality) they cannot.

Walker v Ritchie, [2006] 2 SCR 428, 2006 SCC 45

Where P makes offer to settle under r.49 – P gets judgment in their favour above the offer – P entitled to costs on partial indemnity up to point of offer and on substantial indemnity from point of offer onward – this rule works both ways

Risk of non-payment to a counsel is not a relevant factor under cost scheme in r.57.01(1)

Whiten v Pilot Insurance Co., 2002 SCC 18, [2002] 1 SCR 595

Punitive damages need to be pleaded & supported by material facts specifying the conduct complained of

Wong v Grant Mitchell Law Corp.

(1) If possible to test underlying case, then must prove he would have won. If not possible, then must assess settlement value of case and use it as a proxy
(2) “where a client's suggestions have some merit, even if not many, the lawyer should take steps on the part of that client to ensure that the client's potential claim is protected, or unambiguously tell the client to go somewhere else if the client wishes to pursue it.”