NS Supreme Court denies injunction despite finding applicant had a strong prima facie case

In Court v Court, 2025 NSSC 303, the Supreme Court of Nova Scotia found that an applicant wasn’t entitled to a pre-trial injunction despite having a strong prima facie (= “at first sight”; based on a first impression) case. The Nova Scotia decision is an interesting example of how a court in another Canadian province applies the three-stage test set out in RJR-MacDonald Inc. v Canada (Attorney General), [1994] 1 SCR 311, 1994 CanLII 117 Read more…

Reliance on hearsay, breadth of order lead BC Court of Appeal to deny ministry’s request for a permanent injunction

British Columbia (Ministry of Social Development and Poverty Reduction) v Choquette, 2025 BCCA 333, involved an appeal by the ministry from a chambers judge’s decision to reject a claim for a permanent injunction. The appeal largely turned on the application of section 42 of the Evidence Act—which sets out the business-records exception to hearsay evidence. The court also expressed uneasiness with the broad scope of the order sought by the ministry. The case involved an Read more…

BCLI Participates in Uniform Law Conference of Canada’s 2025 Annual Meeting

Representatives from BCLI customarily attend the Annual Meeting of the Uniform Law Conference of Canada (ULCC) as members of the British Columbia delegation. This year was no exception. BCLI’s Executive Director, Karen Campbell, and Senior Staff Lawyer Greg Blue, KC took part in the ULCC’s 107th Annual Meeting held in Halifax from 10-14 August 2025. The ULCC is Canada’s oldest law reform body, founded in 1918. It consists of two sections, Civil and Criminal.  The Read more…

Mortgage Law Reform in British Columbia: The Mortgage Services Act

BC’s mortgage regulatory landscape is undergoing a significant overhaul. The Mortgage Services Act (MSA), which was passed in 2022 through Bill 29, will come into force on October 13th 2026, replacing the dated Mortgage Brokers Act (MBA) which has governed the industry since 1972. Reasons for change The MSA is part of the province’s broader response to the 2022 Cullen Commission Inquiry into Money Laundering in BC, which highlighted vulnerabilities in BC’s real estate and Read more…

Irreparable harm in the spotlight as injunction denied in commercial-lease dispute

In Naghmeh v 1530378 B.C. Ltd., 2025 BCSC 1673, the BC Supreme Court declined to grant commercial tenants the injunction they sought against their landlord in a dispute over parking at a “a multi-unit commercial centre”. The case allowed the court to consider the legal framework for granting injunctions set out in RJR‑MacDonald Inc. v Canada (Attorney General), 1994 CanLII 117, [1994] 1 SCR 311 (SCC), focusing in particular on the need for an applicant Read more…