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The Court of Appeal ordered funds held in a former solicitor’s trust account to be paid into court as security for costs, relying on its incidental jurisdiction.
The Small Claims Court lacks jurisdiction to tax a proctor's account under s.90 of the Probate Act because the Probate Act vests taxation authority in the Registrar as an integral step in the probate process; the Legal Profession Act's taxation provision does not displace that specialized statutory scheme and the Judicature/Taxing Masters history does not override probate-specific legislation.
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The Court of Appeal allowed an appeal from an order adding a petitioner nunc pro tunc after discontinuance, holding MAC had not justified the backdated order.
The 2011 Final Order does not bar the respondent's action because it was not an infant settlement approved in accordance with rule 7.08: the respondent was not a party nor represented by a litigation guardian, the settlement was not framed or approved as on behalf of the minor, and the master lacked jurisdiction to approve an infant settlement; therefore strict compliance with rule 7.08 is required to bind persons under disability.
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The court refused special costs against Mr. Chandi, but awarded Mr. Wang his costs of the application and action at Scale B. It also held it could not reallocate earlier costs payable to Mr. Murtaza.
The court dismissed a Crown application to set aside an accused’s recorded election for judge-alone trial, holding it lacked statutory and inherent jurisdiction to do so.
The Registrar lacks jurisdiction to grant a s.64.2 administrative charge absent consent of the parties or exigent circumstances authorized by s.192 (such as urgency); accordingly the s.64.2 application is dismissed for want of jurisdiction. The s.50.4(9) extension is granted because the statutory three-part test was satisfied. Even assuming jurisdiction, the Registrar would have declined to grant the $50,000 charge on the facts: Scotian had significant collections, limited operations, and only $7,339 incurred in professional fees to date, so super-priority was not warranted.
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The court refused to transfer a motor vehicle injury action to Provincial Small Claims Court, finding a real possibility damages could exceed $35,000.
The court dismissed an application for security for costs, holding that a master lacked jurisdiction to order security against an individual under the governing statutes and rules.
The Federal Court dismissed Mr. Leahy’s application for judicial review, holding it lacked jurisdiction to grant a declaration that he may practice before the Federal Courts.
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