Canada Case Law

Wang v. Sullivan

Court

Supreme Court of British Columbia

The Court dismissed the claimant's application to terminate Term #3 of the August 11, 2023 order because the Court of Appeal conclusively addressed and rejected the claimant's substantive challenges (issue estoppel) and the claimant failed to establish the heavy burden of prolonged inability to pay arrears; the Court dismissed the payment‑plan application because a chambers judge lacks jurisdiction to impose a payment schedule on a Court of Appeal costs judgment; the Court granted respondent international travel with the child as serving the child's best interests; and, on a holistic review o…

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• Child support
• Section 7 special and extraordinary expenses
• Costs orders and enforcement
• Vexatious litigant restrictions
• International travel with child
• Resp dispute

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Michie (Re)

Court

Supreme Court of British Columbia

The court held the trustee in bankruptcy was entitled to a charge over funds it administered, limited to 50% of reasonable fees and disbursements, with the balance payable to the appellant subject to garnishment.

• S.81 bankruptcy and insolvency act reclamation of property
• Trustee remuneration and priority
• Charge over assets subject to third party claims
• Taxation of trustee accounts
• Costs orders and enforcement
• Bankruptcy-and-insolvency

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Salehi v. Tawoosi

Court

Court of Appeal for Ontario

All three motions were dismissed and the appeal was dismissed: preclusion was denied because the costs deadlines had not been breached and the threshold for preclusion was not met; fresh evidence was refused because the material could have been obtained with due diligence and would improperly invite reweighing of trial evidence; the trial judge's valuation of the Mobarakeh lands at $200,000 was upheld because the appellant failed to provide a trustworthy valuation and the judge permissibly relied on credibility findings and circumstantial inference; s.5(6) unconscionability was not considered…

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• Equalization of net family property
• Valuation of foreign property
• Admissibility of fresh evidence on appeal
• Costs orders and enforcement
• Section 5(6) unconscionability under the family law act

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Tiernan v. Dietrich

Court

Court of Appeal for Ontario

Dietrich's motion for a stay was dismissed because he lacked any enforceable interest in the Kincardine property (title is controlled by the Michigan bankruptcy estate and prior conveyance was declared fraudulent), and under Rule 61.06(1)(a) Tiernan was entitled to security for costs ($5,000) because the appeal lacked merit and the appellant had insufficient assets; Dietrich was also ordered to pay the costs of the motions ($750).

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• Stay pending appeal
• Security for costs (rule 61.06(1)(a))
• Registration and enforcement of foreign judgment
• Fraudulent conveyance and bankruptcy avoidance
• Standing to resist enforcement
• Costs orders and enforcement

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