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Summary trial granted in a family property dispute. The court found the home was largely excluded property, held equal division would be significantly unfair, and ordered transfer of title to the claimant.
The amended paragraph 8 does not eliminate the court's equitable jurisdiction or permitted judicial oversight: lenders using the hybrid model must seek judicial approval to quantify any deficiency or to claim against excess funds; filing a statement with the Prothonotary is insufficient to finalize a deficiency; lenders in the matters were granted leave to bring ex parte motions for judicial approval within the time extended by the Court; contractual mortgage interest may not be claimed as a post-judgment credit and post-judgment interest under the Interest on Judgments Act applies.
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The court approved two opioid-class-action settlements with Purdue Canada and Roxane, and certified the Canadian Governments class for settlement purposes only.
The Court of Appeal dismissed an appeal alleging TimberWest conspired to cause a logging contractor’s failure to pressure union negotiations, finding no palpable and overriding error.
The appellant's lending activities did not constitute a business given the overall indicia (use of surplus personal funds, limited unsecured debenture holdings, limited portfolio and minimal businesslike organization and recordkeeping); consequently losses from AFC and FCM are on account of capital and the legal fees to recover AFC funds are capital in nature and not deductible; excluded evidence under s.98 would not have changed the result.
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The court refused to hear motions to strike, summary judgment, jurisdictional and constitutional challenges before certification in this opioid class proceeding.
The Court of Appeal held that s. 96(2) of the COEA does not require terms and conditions when deferring sale of a home, but reduced a 24-month deferral as too long.
The Court of Appeal allowed Mr. Chappell’s sentence appeal and set aside a $201,613.37 restitution order because ability to pay was not properly considered.
The court held that Rock Petrick had a beneficial interest in jointly held property and that his 2014 transfer to his mother was a fraudulent conveyance void as against the bankruptcy trustee.
Supplementary reasons fixing retroactive and ongoing child and spousal support, confirming income imputation, and apportioning support-related costs where bankruptcy was threatened.
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