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The court ordered transfer of a spouse’s pension share plus prejudgment interest, despite 13 years without statutory notice, and directed both parties to share tax consequences equally.
The Court of Appeal refused an extension of time to file an appeal record, dismissed related relief, and ordered only limited sealing of sensitive identity documents.
The court refused to stay the BC action in favour of China, finding China was not clearly the more appropriate forum, chiefly because the defendants would not commit to defending Chinese proceedings.
The Court of Appeal dismissed the appeal as moot, holding that the Wilson Order had crystallized the parties’ rights and left no live issue between Mr. Chichak and the respondents.
The Court of Appeal dismissed Mrs. Sidhu’s appeal, upholding a resulting trust finding and a 38% beneficial interest in the home based on Mr. Sidhu’s contribution.
Although Nova Scotia had territorial competence because the plaintiffs were ordinarily resident in the province, the court concluded on balance under s.12 CJPTA that Nunavut was clearly the more appropriate forum given where the employment was performed, location of defendants' head office, witnesses, documentary evidence, governing law, assets and corporate incorporation; therefore the court declined to exercise its territorial competence and stayed the Nova Scotia action and directed plaintiffs to re-file in Nunavut.
Source excerpt
The court dismissed a summary trial application for contribution between co-sureties, finding material factual disputes and credibility issues required a full trial.
The Federal Court struck Sergey Kakuev’s claim without leave to amend, holding it disclosed no reasonable cause of action and fell outside federal jurisdiction.
The British Columbia Court of Appeal dismissed an appeal in a judgment-renewal action, holding that mortgage-validity defences could not be re-litigated.
Post-trial, the court held the respondent was the successful party entitled to costs, refused double costs, and adjourned sale of the bakery subject to payment terms.
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