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The court added ICBC as a respondent, proceeded in the petitioner’s absence, and dismissed the judicial review as premature pending the CRT’s final decision.
The Federal Court dismissed Lucia Fevrier-President’s appeal from a costs order, upheld the no-costs joinder decision, and ordered her to pay Carreau $2,250 forthwith.
The court added three proposed parties to an oppression petition, rejecting issue estoppel and abuse of process objections and staying the petition pending amendment service.
The motion judge erred in dismissing the 2020 Action as an abuse of process as against Westin because the 2020 Action was commenced to preserve CCSI's limitation period and did not necessarily create an impermissible multiplicity of proceedings; the appropriate remedy is to stay or require amendment to add CCSI as a plaintiff by counterclaim with terms that protect limitation positions.
Source excerpt
La Cour d’appel a annulé une ordonnance rejetant une action en variation testamentaire comme abus de procédure et a renvoyé la question pour nouvelle instruction.
Given prior warnings about lateness and the claimant's failure to provide an updated doctor’s note or to notify the employer in writing that she would not attend her March 1, 2021 shift, the claimant acted recklessly such that her conduct met the legal test for misconduct under s.30 of the Employment Insurance Act, and the Commission proved on a balance of probabilities that she lost her job because of misconduct.
Source excerpt
The court added Trio Ready-Mix Ltd. as a respondent in a judicial review, finding its direct business interests could be affected and its evidence was needed.
The tribunal found the manager initiated the separation by demanding the claimant submit her resignation during the October 22, 2020 meeting, removing the claimant's choice to remain; therefore the claimant did not voluntarily leave and the Commission did not meet its burden of proof, so the appeal is allowed.
Source excerpt
Because the bank repaid the deducted funds and the tenant did not demonstrate that the landlord must await resolution of his separate claims, the adjudicator amended the RTO to quantify arrears, impose a payment plan with a March 31, 2021 deadline for full repayment and ordered termination and vacatur if the tenant failed to comply; the bank was removed as a party without prejudice to separate proceedings.
Source excerpt
Federal Court added Shxwhá:y Village as a respondent and refused to disqualify Boughton Law, finding no proven conflict, improper appearance, or need for counsel testimony.
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