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The Court of Appeal dismissed an appeal from summary judgment, holding the appellant failed to use civil procedure tools to build the record and that summary judgment was appropriate.
The Tribunal granted the Amended Confidentiality Order establishing defined categories of Protected Records and two levels of confidentiality (Level A and Level B), set out detailed designation, disclosure and challenge procedures, identified specific classes of persons permitted access to each level (including counsel, Commissioner staff, outside counsel, Independent Experts, Record Review Vendors, and up to three Designated Representatives for Rogers), provided exceptions for disclosures originated by the designating party subject to s.29 limits, required redacted Public Records for the hea…
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The court quashed a Mission council resolution censuring and sanctioning Councillor Herar, finding the complaint process denied procedural fairness and natural justice.
The court dismissed applications to strike a family trust claim, holding earlier insurance trust proceedings and a prior accounting order did not bar the action.
The court refused to set aside property division orders made after a trial held in the respondent’s absence, finding his non-attendance deliberate and the interests of justice against reopening.
The appeal was dismissed because Amtim failed to discharge the onus to prove that ARCA’s allocation of overhead breached the Governing Agreements or U.S. GAAP, the trial judge permissibly declined to draw adverse inferences given Amtim’s failure to pursue available disclosure remedies and access to records, and the trial judge’s factual findings on the adequacy and accuracy of ARCA’s records attract appellate deference.
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The court dismissed leave to add a settling defendant as a third party for declaratory relief, finding the balance of prejudice favored respecting the settlement.
The Federal Court granted Douglas Boldt a stay of a CICC sanctions decision pending judicial review, finding a serious issue, irreparable harm, and balance of convenience.
The court imputed or adjusted business expense deductions where expenses had personal components or inadequate support, excluded the identified non‑recurring capital gains, computed respondent's net incomes as $107,381.85 (2017), $118,252.85 (2018), $109,352.09 (2019), $92,770.55 (2020) and projected ~$100,000 (2021), and concluded no retroactive child support was payable given payments made, expenses borne by respondent and the circumstances of delay.
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The court found several breaches of family-law conduct and consent orders, imposed $20,000 in fines, ordered reimbursement of proven s. 7 expenses, and granted further compliance relief.
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