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The court upheld a pre-judgment garnishing order in a construction-payment dispute, finding the claim could be treated as liquidated and no basis to set it aside.
The court refused special costs on a costs application after an interim injunction hearing, finding the plaintiff’s affidavit errors were not reprehensible conduct.
The court found both parties had defamed each other online and breached each other’s privacy, but dismissed the emotional distress claims and made modest damages and mutual injunction orders.
The court granted an interim order that B. attend St. Andrews School for kindergarten, while directing an updated expert assessment and reserving review of parenting arrangements.
The court granted the respondent interim spousal support, relying on uncontested medical evidence that she was unfit for work and would soon lose EI benefits.
The court refused to vary an interim parenting order, kept week-on week-off shared parenting for the two younger children, struck double-hearsay affidavit material, and ordered access to school counselling.
Interim family-law orders on custody, access, support, restraining orders, and travel were made after the court assessed the child’s best interests.
The Court dismissed the applications for a stay and injunction and refused HRM's summary judgment because (1) the three-identities test was not satisfied (different parties, objects and causes between the expropriation process and the civil action), (2) HRM acted within its statutory power and in good faith to expropriate for municipal purposes, (3) applicants failed to show irreparable harm not compensable by damages and (4) factual and credibility issues (notably receipt of the March 12, 1997 letter and authority of HRM official) precluded summary disposal since defendants demonstrated fair…
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