Recently Released Judgments


This webpage lists judgments recently released by the Court of Appeal and provides links to copies of those judgments.

Some of the Court's judgments may be subject to publication bans. The Court of Appeal will not publish reasons for judgment on its website without ensuring that information that is subject to a publication ban has been removed or redacted from the judgment (e.g. through the use of initials). For information about Publication Bans and their effect, please click here.

 

Posted Friday, May 15, 2026:

mCloud Technologies Corp. v. Wynward Insurance Group,  2026 BCCA 219  –  2026/04/28
Court of Appeal

The appellants apply for leave to amend their application for leave to appeal an arbitration award. The respondent argues the Court does not have jurisdiction to accept an amendment to a leave application under s. 59 of the Arbitration Act after the 30-day limit in s. 60 has expired.

Held: Application dismissed. While the Court has jurisdiction to grant an amendment after the time limit in s. 60 has expired, the amendments sought here are so significant that they amount to an impermissible application for an extension of time. Granting the amendment would subvert the purpose of efficient recourse the legislature intended in setting the 30-day limit in s. 60.
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Percival v. Ti Developments Ltd.,  2026 BCCA 220  –  2026/04/24
Court of Appeal

The appellant tenants apply for a stay of eviction pending appeal from an order cancelling the stay that was previously in place until the judicial review of a Residential Tenancy Branch decision is heard on its merits.

Held: Application dismissed. The appeal and underlying judicial review are of little merit. There is little evidence of irreparable harm to the appellants. The balance of convenience favours the respondent landlords because much of the delay in hearing the judicial review on its merits lies with the appellants.
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Posted Thursday, May 14, 2026:

Xu v. Ndax Canada,  2026 BCCA 218  –  2026/04/29
Court of Appeal

Ms. Xu appeals from the dismissal of her claim in negligence against Ndax. Ms. Xu was the victim of a cryptocurrency scam perpetrated by an unscrupulous third party who convinced her to open an account on Ndax’s cryptocurrency trading platform and then transfer large amounts of cryptocurrency into a “wallet” controlled by the third party. The trial judge reasoned that even if Ndax owed Ms. Xu a duty of care to exercise diligence in the handling of the transactions, she failed to establish that Ndax breached the relevant standard of care, or that Ndax’s conduct was the cause of her loss. Held: Appeal dismissed. Ms. Xu failed to establish: (i) that the trial was unfair due to language difficulties or a failure of the trial judge to facilitate Ms. Xu’s understanding of the proceedings, or that the trial judge committed: (ii) palpable and overriding errors of fact, or (iii) errors in law in rejecting her negligence claim. Ms. Xu’s application to adduce fresh evidence is also dismissed because much of the material does not pass the due diligence threshold, and because none of it could reasonably have been expected to have a material bearing on the trial judge’s decision to dismiss her claim.
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Yukon Judgments

The Chief Justice and Justices of the Court of Appeal for British Columbia also sit, respectively, as the Chief Justice and Justices of the Court of Appeal of Yukon. From time to time, this section of the website includes recently released Court of Appeal of Yukon judgments.


Recently Published Judgments

Recently published judgments are judgments that were given at some time in the past but have only recently been posted on the website by the court.

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