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The court dismissed an application to compel a consent order based on a 2022 agreement and also dismissed a bid to change parenting time from five to seven nights per 14.
The Court of Appeal held that a counterclaim cannot be filed within a petition proceeding; it is available only in an action under the Civil Rules.
The Court granted the motions to intervene for six groups subject to conditions: related interveners must coordinate and submit a single memorandum per group (three group memoranda allowed), interveners must accept the record as is and may not add evidence or new issues, oral submissions are deferred to the hearing panel, and tight page and timing limits are imposed to preserve judicial economy.
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Once briefs were filed and a judge assigned, the respondent’s last-minute cancellation without reasonable notice or court consent unjustifiably imposed costs and wasted court time; under Rule 59:39(6) and established precedents the court must exercise its discretion to award reasonable costs limited to the loss that cannot be avoided, and here $500 is appropriate because the filed briefs retain future value and greater amounts are not justified.
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Because the applicant failed to appear at the scheduled hearing despite proper notice, did not file the required supporting affidavit or evidence to rebut counsel's authority, and had multiple opportunities and adjournments, the Court granted the respondent's motion under Rule 140 and dismissed the applicant's motion to set aside the judgment; costs of $500 awarded to respondent.
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The motion was dismissed because s.17.1 of the Tax Court of Canada Act precludes non‑lawyers from representing corporations in general procedure matters; alternatively, exercising the Court’s discretion under Rule 30(2) the motion was refused on grounds including the representative likely being a witness, deficiencies and complexity in the appellant’s notice of appeal, lack of exceptional circumstances, and procedural readiness. The Court granted the extension of time for the 2014 and 2015 appeals, consolidated the files, and imposed strict filing deadlines and costs against the appellant.
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Motion for reconsideration dismissed after the Court held Rule 397 did not apply and no evidentiary basis had been filed for the extension-of-time request.
Subsection 17.1(1) of the Tax Court of Canada Act does not permit corporations to appear 'in person' or be represented by non-lawyer agents in the general procedure; consequently corporations must be represented by counsel and the motions to allow Dennis Chow to represent the corporate appellants are denied. Individuals may not be represented by non-lawyer agents under Rule 30(1); individual appellants' motions are denied. Rule 30(2) is to be read down so that non-individual parties shall be represented by counsel in the general procedure.
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Motion for a stay of removal to Gabon was dismissed because it was brought at the last minute and the court found no basis to grant this extraordinary remedy.
The court held that it possesses inherent jurisdiction to grant intervenor status in a trial‑level criminal proceeding for a limited purpose; s.482 is a permissive rule‑making provision and does not preclude the court from exercising inherent jurisdiction. Applying the test of usefulness, prejudice and delay, the court granted limited intervenor status to Borden Ladner Gervais and Tyler Hodgson and to Norton Rose and James Hodgson to respond to the Crown's conflict of interest application, subject to restrictions on scope and filing limits.
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