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The Federal Court dismissed Casey Best’s late motion to extend time and reopen a strike order, finding no sufficient basis to revisit the pleadings.
The case management judge did not err in principle or fact and did not fail to exercise discretion judicially in requiring the appellants to make submissions themselves; with time to prepare, detailed written materials already filed, allowance for joint submissions and supplementation, and the ability for Ms. Abbott to speak for Mr. Abbott if required, the judge's decision was fair and within discretion, so the appeal is dismissed.
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The general rule in s.44 of the Court of Appeal Act awards costs to the successful party; appellants failed to show any conduct in the appeal proceedings that would disentitle respondents to costs, and allegations of misconduct pertained to the trial court and were unsupported by the record, therefore respondents are entitled to costs.
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The Court of Appeal for Ontario granted a motion to include motion transcripts in the appeal record and extended time to perfect the appeal after an unsworn affidavit issue.
The Court of Appeal dismissed a family law appeal from a contempt finding, a 90-day jail sentence, and financial orders, holding the procedure was fair and the injunction covered new accounts.
The Federal Court ordered the self-represented applicant to pay the respondent $500 in lump sum costs, after weighing Rule 400(3) factors and both parties’ conduct.
Assessment of special costs after trial in a neighbour dispute. The registrar awarded the plaintiffs $335,000 inclusive of taxes and disbursements and declined further document production.
The court struck Tao Jiang’s counterclaim in full, finding it disclosed no reasonable claim, was vexatious, and partly duplicated claims in a related family action.
The Court of Appeal dismissed appeals from criminal contempt convictions for breaching a Trans Mountain injunction, rejecting Indigenous-law, bias, disclosure, and actus reus arguments.
Because the appellant succeeded on most issues on appeal and the respondent failed to prove his settlement offers produced an outcome as good as the appellate result, the appellant is entitled to costs of the appeal and the motion; the motion judge erred in finding the appellant unreasonable and the motion judge’s costs order is reversed.
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