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The court declared Victoria Marie Arnault was Lawrence Michael Belick’s common-law spouse under the Estate Administration Act after finding a marriage-like relationship in the final two years before his death.
The Court dismissed in part a review of security-for-costs orders, upheld security for the Thomas appeal, and adjourned the MacNaughton appeal pending a transcript.
The court upheld the trial judge's exercise of discretion: damages for the converted and damaged Corvette were properly assessed on a cost-of-restoration basis rather than being limited to market value at date of conversion given the vehicle's uniqueness, the insufficiency of comparable replacements, and the estate's bona fide intention to restore at the time of trial; the trial judge did not err in rejecting the referee's report and conducting a de novo damages assessment; aggravated damages were properly awarded and were not a disguised punitive award; fresh evidence was inadmissible and th…
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The court exercised its discretion to fix an all-inclusive costs award of $15,000 to the appellant for the proceedings in the court below, concluding that the respondents' proposed $6,000 was inadequate and the appellant's $18,760 was excessive given the reasonable hours and rates, and that the additional time by the appellant was not excessive.
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Payment into court was denied because the moving parties failed to show it was necessary to protect beneficiaries, had a weak likelihood of successfully pursuing an appeal, had a history of obstructive conduct and contempt for court orders, and payment would further delay estate administration; thus the discretionary remedy of payment into court was not warranted and costs were awarded against the moving parties.
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Because s.28.1 applies only to living applicants and s.29 expressly imposes a one-year limit for estate applications (which the Minister cannot extend), an estate cannot have an application deemed to have been made before death; therefore the late application was properly denied.
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The Federal Court dismissed a judicial review of a taxpayer-relief refusal, finding the Delegate’s decision reasonable and no reasonable apprehension of bias.
The court held the summary judgment did not present special circumstances warranting deviation from Tariff C: the issue was not complex, the claim against the sureties remained premature and the order did not justify a multiplier; accordingly costs were fixed at the Tariff C base of $1000 plus disbursements $114.40 to the respondents.
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The Court dismissed an appeal seeking posthumous use of a deceased donor’s reproductive material, holding that the AHRA requires prior informed written consent.
The court dismissed an application to strike an insurance claim for want of prosecution, finding inordinate delay but giving the plaintiff one final chance under strict case management terms.
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