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The Court of Appeal allowed the Director’s appeal, holding retroactive amendments to the Adoption Act validated the out-of-province placement and required dismissal of the petition.
The court dismissed the plaintiffs’ delay and misrepresentation claims over a laneway-house project, and allowed the defendants’ counterclaim in part, with set-off.
The motions judge properly granted summary judgment because the Bank proved the mortgage's validity and the appellant's default, the appellant failed to adduce evidence to rebut or show a real chance of success for her defence, and there was no evidence of FDMA breach or of disclosure causing economic harm that would defeat the mortgage claim.
Source excerpt
The motion to adjourn without date was dismissed because the appellant failed to provide admissible and sufficiently detailed evidence of incapacity and failed to demonstrate that awaiting the outcome of another case was necessary; she also did not plead a constitutional challenge or show compliance with notification requirements, and such delay would conflict with the Civil Procedure Rules' mandate for just, speedy and inexpensive determination.
Source excerpt
In a liability-only motor vehicle case, the court found the defendant 100% responsible after he left his car in the northbound lane facing the wrong way without warning traffic.
The court held the taxi driver 100% liable for a Vancouver collision after finding he drove imprudently for the conditions and failed to avoid the exiting car.
The court found the landlord wrongfully terminated the lease and locked out the tenant, but the seized business assets belonged to a non-party corporation.
The court found First Choice liable for a warehouse fire caused by paper debris contacting an unwrapped forklift exhaust, and dismissed third party claims.
The court held the cyclist was 100% responsible after braking hard behind the defendant’s vehicle. The judge found no proof of abrupt braking or negligence by the defendant.
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