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The Ontario Court of Appeal dismissed an appeal over the parties’ separation date, holding the trial judge made no palpable and overriding error and properly applied Kassabian.
Appeal dismissed: trial judge correctly concluded no enforceable oral contract was formed in November 2009 because the parties did not reach agreement on all essential terms (notably financing for the full 15% interest, the services to be provided on reinstatement, and the mechanism for partner approval) and there was no objective intention to create legal relations; the credibility findings and factual inferences supporting those conclusions attract appellate deference and disclose no reviewable error.
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The Ontario Court of Appeal dismissed an appeal over production of historic financial statements, holding the order was not barred by limitation and did not require creating new records.
The trial judge correctly applied the governing legal test for a marriage-like relationship under WESA, properly considered the parties' intentions (using Mr. Matossian's affidavit and corroborative evidence) and the objective indicia (exclusivity, daily routines, long duration, shared vacations, social perception), and her factual findings were open on the evidence; therefore the Court of Appeal dismissed the appeal and affirmed the finding that the parties were spouses under s.2(1)(b) of WESA.
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Leave to appeal was required but denied because the chambers judge's scheduling/adjournment decision was a discretionary case management ruling unlikely to be characterized as an appealable order, the proposed appeal lacked prima facie merit, did not determine substantive or procedural rights, and refusing leave best served the interests of justice.
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The Court of Appeal dismissed the appeal on contract interpretation but allowed the cross-appeal, setting aside the severance-based incentive award.
The Court of Appeal largely upheld a family law order, rejecting ineffective-counsel complaints, but varied child support by increasing Ms. Zhang’s guideline income and arrears.
British Columbia Court of Appeal dismissed an appeal in a breach of trust case, upholding enforceability of trusts, equitable compensation based on highest value, and punitive damages.
The British Columbia Court of Appeal dismissed Barry Neufeld’s defamation appeal, upholding findings that his “strip-tease artist” remark was defamatory and rejecting justification, fair comment, and qualified privilege.
Trial judge’s credibility assessments and findings of multiple badges of fraud established that Baljit breached his trust and fraudulently conveyed the matrimonial home to defeat creditor claims; Arvinder failed to show she paid good consideration or lacked knowledge, so the conveyance was set aside as against creditors and the respondent’s award of $600,000 and costs was upheld.
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