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The Court of Appeal for Ontario dismissed a motion to reopen an appeal, holding the appellants failed to meet the high threshold under r. 59.06(2)(a) and (b).
The court granted alternative service by email on Hang Yin and Yun Yin in a contempt-related application, but adjourned the request as to Yan Chun Liu.
The Court of Appeal dismissed a motion to reopen an appeal in an estate dispute, holding the appellant had not met any threshold for reopening after final order.
Costs ruling awarding defendants party-party costs and special costs after trial, based on plaintiffs’ unsuccessful claims and reprehensible conduct.
The court dismissed a Mareva injunction for lack of a strong prima facie case, but granted a preservation order over about $1.56 million pending trial.
Post-trial costs ruling: special costs were denied, but the plaintiff received increased costs at Scale C, with no apportionment against the defendants.
La Cour a accordé des dépens spéciaux et payable immédiatement, après avoir rejeté l’outrage, constaté un défaut de poursuivre et imposé une sûreté pour frais.
The trial judge's factual findings supported the conclusion that the respondent's allegations did not amount to fraud or conduct seriously prejudicial to character or reputation, and her dismissal of the punitive damages claim and exercise of discretion were proper and entitled to appellate deference, so the appeal was dismissed.
Source excerpt
The Court of Appeal dismissed Rebecca Grimshaw’s appeal from a trial judgment arising from a failed home purchase and loss of her deposit and related payments.
Leave to appeal was granted from a security for costs order, and leave to cross-examine on affidavits was also granted. The court reserved fresh evidence for the appeal panel.
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