Leave was refused on most requisitions by a vexatious litigant seeking to revive estate litigation; one request was dismissed as moot because the filing had already been allowed.
The court dismissed the request to increase basic child support and special expenses, but granted conduct and communication limits and sole RESP control.
Variation of child support
Undue hardship (s.10 guidelines)
Special and extraordinary expenses (s.7 guidelines)
The Supreme Court of British Columbia declared the plaintiffs vexatious litigants after finding they were repeating issues already decided in earlier foreclosure proceedings.
The court held the personal line of credit and collateral mortgage were valid and enforceable; John T. Early III defaulted (failure to make minimum payment as of October 2, 2012) and is personally liable; PMD, having authorized the security and received benefit, is bound by the mortgage and liable for principal, interest, taxes and enforcement costs beyond the $320,000 principal; defects in drafting and acceptance of late payments did not negate contractual rights; the defendants’ tort counterclaims failed on the merits (and res judicata only gave rise to issue estoppel), and judgment and for…
The motion judge unreasonably exercised her discretion by refusing to adjourn and by concluding questioning and updated factums were unnecessary without allowing the mother to complete an ordered examination for discovery or to make full submissions; the order dated June 17, 2014 is set aside and a new hearing is ordered with questioning to proceed forthwith under a schedule agreed or fixed by the case management judge.
The motion to set the appeal down without reproducing transcripts is dismissed because a full transcript is essential to permit the Court to assess the appellant's challenges to factual findings, credibility and procedural rulings; the appellant's asserted additional evidence does not excuse the transcript requirement.
La Cour fédérale rejette la requête visant à ajouter quatre entités comme demanderesses aux seules fins de la phase des dommages, avec dépens de 10 000 $.
Joinder of parties
Damages
Persons claiming under the patentee (s.55 patent act)
The court held that further judicial review relief would be futile after its prior jurisdiction ruling under the Employment Standards Act, so the petition was dismissed.
The court set aside a Provincial Court judgment in a residential tenancy dispute, holding the matter was barred by the Residential Tenancy Act and prior arbitration.