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Costs ruling in a motor vehicle action: the court held revoked settlement offers could be considered under Rule 9-1, but declined double costs and awarded Scale B costs.
Family-law trial over divorce, property division, spousal support and a disease-transmission claim. The court ordered reapportionment, support, and dismissed the tort claim.
The Court held the settlement was a binding agreement before death whose contractual right passed to the estate; the requirement for judicial approval was protective and did not operate as a true condition precedent extinguishing the obligation on death; the court could approve or the estate could enforce the settlement post-death, so the estate was entitled to judgment for the agreed amount.
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The court held that a disability-benefit loan covered only the eight weeks of benefits tied to the March 2001 accident, so the defendant owed $4,552, not the full benefits paid.
In this divorce case, the court ordered equal division of family assets, credited the husband $2,500 for mobile home proceeds, and awarded the wife $2,000 monthly permanent support.
Master Doolan partly granted a motion for third-party production, ordering disclosure of one RCMP file but refusing four others because the requested use was not shown to fit the Privacy Act or relevance rules.
There was some evidence from which a properly instructed jury could reasonably conclude the settlement included compensation for pre-bankruptcy loss of income; the trial judge erred in finding no evidence and ordering a new trial, so the Court of Appeal allowed the appeal and entered judgment for the appellant; if there is truly no evidence the correct order would have been dismissal under Rule 52.08(1)(c).
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