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Decisions matching the current search
On appeal in a family law support dispute, the court set aside the Provincial Court order and directed a new hearing because of legal and jurisdictional errors.
The court held the plaintiff had sufficient reason to start the action in Supreme Court and awarded costs under Rule 66, despite a recovery within Small Claims jurisdiction.
Matrimonial dispute over custody, guardianship, foreign and local property division, and child-related orders. The court ordered alternating annual residence, travel limits, and related family finance orders.
The Court of Appeal granted leave to appeal a costs order after a Rule 66 trial, raising whether a plaintiff must reassess forum choice when damages fall within Provincial Court limits.
The court dismissed a plaintiff’s costs application, finding he had not justified starting a low-value personal injury claim in Supreme Court.
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