RESULTS
In Mesenchuk v Kifleyesus, the court agreed with the plaintiff that allowing an application for a vocational assessment given no necessity being established, especially given the timeliness of the defendant’s request for the vocational assessment, would create a very unfortunate precedent.
Uthman v. Caan (Oral Reasons for Judgment, July 14, 2026)
This was a procedural application brought just days before trial. Associate Judge Peck’s decision reinforces the principle that parties generally cannot create their own urgency through delay and then seek expedited relief immediately before trial. Courts will protect trial preparation and scheduled trial dates unless there is a genuine justification for last-minute applications. The defendant's request for short leave was dismissed, and costs of the application were awarded to the plaintiff.
Mesenchuk v. Kifleyesus, 2025 BCSC 1327
In Agelakis v. Xu, a late change in defence counsel is not, by itself, an "emergent circumstance" warranting short leave for significant pre-trial applications, particularly where doing so would prejudice the opposing party and disrupt trial preparation.
Mesenchuk v. Kifleyesus, 2025 BCSC 1327
Agelakis v. Xu, 2019 BCSC 2265
In Agelakis v. Xu, a late change in defence counsel is not, by itself, an "emergent circumstance" warranting short leave for significant pre-trial applications, particularly where doing so would prejudice the opposing party and disrupt trial preparation.
De Reyes v. Fabiszewski is a personal injury damages case where the BC Supreme Court compensated the plaintiff for ongoing accident-related injuries that affected her work, daily activities, and overall quality of life. Justice Baker found that the motor vehicle collision left Ms. De Reyes with permanent chronic pain and significant psychological injuries that substantially impaired her work capacity and quality of life, resulting in a total award of $759,595.80.
De Reyes v. Fabiszewski, 2023 BCSC 996