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The Court of Appeal held that the bankrupt appellant lacked capacity to commence the action because the trustee gave no express authorization and the claim was proprietary.
The court dismissed Axion's declaratory relief application because the Bonner Parties validly stood as contingent plaintiffs under their alternative pleading and the trustee's absence did not justify a stay or bar Bonner/Jess from prosecuting NextPlay's claim at this stage; the court denied leave to amend to add extensive new counterclaims mid-trial because the proposed amendments were untimely, raised matters outside the trial's scope, appeared statute-barred or belonged to other entities (NextPlay or Axion) and their admission would prejudice Axion and disrupt trial fairness; allegations of…
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The court dismissed an application for an interim injunction preventing use of Thai immigration records in French proceedings, finding no strong prima facie case or irreparable harm.
The court dismissed a bankrupt's discharge application, finding her claimed renunciation of an expected inheritance unsupported and her repayment assurances misleading.
Undefended trial over a fraudulent lending scheme ended with judgment for the plaintiff, aggravated and punitive damages, and a BIA survivability declaration.
The court granted substantive consolidation of the Conian and BCCE estates for distribution, finding pervasive commingling and no reliable basis to prefer documented lenders.
The April 11, 2014 amendment reclassified CAD 2,000,000 as a bond/escrow amount to be used 'throughout the Term' of the forgivable loan and the August 25, 2014 amendment expressly confirmed the Province had no further financial obligations or commitments under the LOO; consequently the Province had no contractual obligation to re‑disburse the CAD 1,874,857.15 returned from the surety bond and did not breach the LOO.
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The court ordered a law firm to remit disputed funds to a bankruptcy trustee and produce an unredacted trust ledger for tracing sale proceeds.
The Court of Appeal lacks jurisdiction because the appeal challenges a final Family Court order made under provincial law and must be brought to the Divisional Court under s.19(1)(a.1) of the Courts of Justice Act; exercising the Court’s discretion under s.110(1), transfer was refused because the appeal has questionable merit and further delay would prejudice the respondent and child.
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The court held that trial judgment debts and costs survived bankruptcy, lifted the bankruptcy stays nunc pro tunc, and granted leave to enforce SDA’s judgment.
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