The court held the defendant owed the plaintiff C$396,115.20 in debt, but rejected claims to an interest in the property and denied prejudgment interest.
Summary trial over a common law relationship: the court found the Penticton home was held partly in trust for the claimant, but dismissed assault, pension and constructive trust claims.
The court varied a registrar’s payment order on a post-bankruptcy assault judgment, increasing monthly payments from $100 to $400 and granting costs.
Discharge of bankrupt and exceptions
S.178(1)(a.1) bia
Consent order enforcement
Appeal standard from registrar (re-hearing v. clearly wrong)
The court exercised its discretion under Rule 63 to award lump-sum costs because the general damages claim was consolidated with family proceedings and Scale 1 or 2 were inappropriate; awarded petitioner $2,500 as a substantial contribution for proven assault damages of $4,000, awarded respondent $2,000 for success on matrimonial issues, declined to award interlocutory costs where Chambers judges had declined them, and directed that each party bear their own disbursements, resulting in a net payment of $500 by respondent to petitioner.
The court dismissed Thind’s oppression and unfair prejudice petition on the interlocutory record, dismissed Bluebird’s injunction request, and sent the matter to trial.
The court refused to enforce a settlement reached under Rule 37, finding the defendant accepted the offers under a unilateral mistake about a material term.