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The Court of Appeal upheld summary judgment, holding the $300,000 mortgage secured a contingent payment payable only if a cultivation licence was obtained.
Summary judgment was dismissed because limitation period and res judicata issues could not be resolved without weighing disputed facts.
The court reviewed a lawyer’s bills under the Legal Profession Act and reduced them by $8,724.73 for an interest-calculation error and late notice of fee increases.
The court dismissed an application to strike a long-pending family law action for want of prosecution, finding the delay inordinate but excusable.
The court approved a consent settlement between the plaintiff and one defendant, refused to stay trust funds, and allowed discontinuances to proceed.
The court varied a repayment order under s. 37 of the BIA, awarding prejudgment and post-judgment interest on funds repaid by the trustee and former counsel.
The court dismissed a plaintiff’s application for personal judgment against a company owner, finding insufficient evidence to link alleged trust funds to the plaintiff’s unpaid invoices.
The Court held the appellant did not satisfy the s.34 requirement of being "instrumental" in recovering or preserving the property because the property and proceeds were always registered solely in the client’s name, and even if instrumental the discretionary remedy would not have been granted; the trial judge correctly exercised his power under r.25(19)(c) to amend the orders to retain the balance in trust and to permit payment of the respondent’s costs from those monies. The appeal was dismissed.
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The Federal Court approved class counsel fees in a First Nations drinking water settlement, finding the $53 million plus $5 million ongoing fees fair and reasonable.
The Federal Court approved $612,414.23 in class counsel fees and disbursements, including HST, for post-Implementation legal services and allowed payment from trust funds.
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