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The Court of Appeal for Ontario dismissed a motion to extend time to appeal, finding the delay and the appellant’s litigation conduct made relief contrary to the interests of justice.
Family-company dispute over control of Bagry Bros. Orchards Ltd. resulted in a buyout order, with the company to purchase Sam Bagry’s shares and related orders on the Vernon property.
The court summarily passed the Public Guardian and Trustee’s accounts for Rockey Allan Popove’s estate, dismissed Audrey Laferriere’s standing application, and awarded special costs from her share.
The Ontario Court of Appeal dismissed an appeal about a will, holding that s. 31 of the SLRA applied, the solicitor’s evidence was inadmissible, and occupation rent was properly set.
Application to admit additional evidence on appeal dismissed as irrelevant to issues on appeal; no reversible error found in trial judge’s qualification of treating physician within scope, credibility findings, treatment of business account, division of TFSA/RRSP and accounts receivable, occupation rent calculation, lump-sum spousal support award and costs; appeal dismissed and respondent awarded costs in this Court at Column 3.
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The court granted the divorce, applied the Family Law Act, dismissed Ms. Naidoo’s spousal support claim, and ordered equal division of family property with set-offs and valuation steps.
The court dismissed a motion to add an occupation rent claim after limitation expiry, finding the plaintiff had no reasonable excuse for the delay.
The appeal was dismissed because the application judge's credibility findings were reasonable: Qu was found credible and demonstrated that the funds were advanced for investment, not as a gift, establishing a resulting trust (and alternatively a constructive trust) entitling her to 100% beneficial ownership; the occupation rent award and offsetting credits were appropriate; speculative awards for latent repair costs were properly refused.
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Family law trial on property division, spousal support and disclosure. The court set excluded property, awarded unequal division, and offset competing monetary claims.
The appeal is dismissed because the Court was not persuaded the trial judge made any error of law, principle, or a palpable and overriding error of fact; issues relating to pre- and post-judgment interest were not argued at trial and are not properly before the Court; costs of the appeal are fixed at $5,000 payable by the appellant to the respondent.
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