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The court dismissed the defendants’ application to vary an entered order requiring escrow of Longroot shares and refused nunc pro tunc relief.
The Federal Court stayed two Band Council Resolutions, restrained the respondents from acting as if the chief had been removed, and ordered a council meeting within 30 days.
Respondent satisfied Rule 6.03 by sufficiently describing intended evidence and positions, but on balance Rule 6.02 factors favor maintaining the proceeding as an application because substantive rights were at risk (presumption in favor of application), parties could identify witnesses and be ready in months, credibility can be tested adequately on affidavit and cross-examination, and the increased cost and delay of an action (and jury trial) were not justified; therefore the conversion motion is dismissed.
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The Court of Appeal dismissed an application for an interim injunction to stop a strata vote on listing the property for sale, and granted substituted service.
The appeal is dismissed because the General Division correctly applied the Old Age Security Act and the summary dismissal standard: the facts showed uncontested overpayments and no reasonable chance of success, and neither the General Division nor the Appeal Division has equitable jurisdiction to remit overpayments—the exclusive route to challenge remission decisions is judicial review in the Federal Court (Tucker).
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The Court found no right-of-way for the benefit of the Hutton Sales Lot by necessity, implied grant or prescription because alternatives existed (Oakland Road access), historical use was permissive, discontinuous or inadequately evidenced, and claimed historic rights were unreliable; the 1986 deed reservations were construed as private rights-of-way for the Homestead Lot (including agricultural/commercial uses reasonably contemplated by the grantor) but not open to the general public nor to benefit the separate Hutton Sales Lot; specific instances where the Burgoyne driveway was used to acces…
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Because the JVA permitted termination and the parties unequivocally intended that Ciocca would be bought out, the application judge properly exercised his jurisdiction to exclude Ciocca and declare Timoon sole owner effective the termination date (June 30, 2014); financial disputes including valuation could be reserved to further proceedings without undermining the termination provision.
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The court dismissed competing summary trial applications in a commercial tenancy dispute, finding credibility conflicts prevented resolution and the matter should proceed to trial.
In an ex parte chambers application, the court granted limited injunctions restraining access to a storage locker and dealings with certain property, and adjourned the rest on notice.
On costs after rescission of a land sale, the court held the defendants were substantially successful and awarded Scale B costs, then double costs after their settlement offer.
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