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The court refused to vary the parties’ consent support order beyond the anticipated 2025 review, upheld attributed incomes, denied arrears cancellation, and ordered enforcement and disclosure.
The appeal is dismissed because the trial judge permissibly found the father evasive and non-disclosing, properly imputed income based on detailed factual findings and documentary evidence, applied the correct legal approach to retroactive support consistent with Colucci, lawfully imposed a charging order under Divorce Act s.15.1(4) and Guidelines s.12 given the father's conduct, and did not err in awarding proportionate costs.
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Mayfair, as assignee of Holdings' and Seafoods' accounts receivable, may be substituted as plaintiff because the original action was commenced by Holdings within the limitation period and assignment transfers the benefit of that action; the defendant's sworn January 13, 2012 statements admitting amounts owed to Mariner Seafoods constituted a written acknowledgment that restarted the limitation period for Seafoods' claim; amendment to add allegations regarding the vessel is allowed as made in good faith and causes no uncompensable prejudice.
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The court dismissed applications to add a plaintiff and defendant and to transfer the file to Kelowna, finding no proper basis to join the proposed parties and no reason to move the registry.
The Court of Appeal dismissed the Superintendent's appeal: the CCAA judge did not err in lifting the stay and ordering the Remaining Applicants into bankruptcy; once the court properly transitioned the insolvent companies into bankruptcy the federal BIA priority scheme and federal paramountcy governed distribution of the Remaining Funds, rendering the provincially created wind up deemed trusts inoperative with respect to those funds; the CCAA judge acted within his discretion and did not procedurally prejudice pension claimants.
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Privilege over the RBC counsel letter was not waived to IKEA; IKEA has no set-off against the $533,113.12 that became Scanwood property when wired into its account on April 18, 2011; IKEA does have a valid contractual set-off under the pre-existing Loan Agreement which defeats the Receiver's claim to the $695,942.19 paid directly by IKEA on June 24, 2011 (the Receiver takes subject to that pre-existing set-off); priority charges attach only to amounts to which the Receiver is entitled; interest awarded limited to interest actually earned by the Receiver; costs reserved such that each principa…
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The court interpreted a commercial equipment lease and held that the lessee could return the equipment at lease expiry unless another end-of-term option was validly elected.
The court held Century was entitled to funds held in trust, rejected Fisgard’s estoppel and security arguments, and allowed Lawson Lundell limited payment from the administrative charge.
The court held a business vehicle lease was in substance a conditional sale, so W.S. Leasing Ltd. was not the owner under s. 86(3) of the Motor Vehicle Act.
Section 9.01 did not apply: the 1990 Asset Transfers did not transfer 'all or substantially all' of BCED's undertakings, property and assets (quantitative and qualitative tests failed) and, in any event, the Trust Indenture (esp. ss.1.01(28),3.01,3.07) expressly permitted BCED to incur senior indebtedness and grant security so the 1993 Guarantee and subsequent foreclosure did not constitute a prohibited transaction; appeal dismissed.
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