Allan Morrison

Following a successful application ordering the respondents to hold an annual general meeting for the election of directors, the applicants sought costs on a full or substantial indemnity basis.

The court rejected the request for elevated costs, finding the respondents' conduct did not rise to the level of reprehensible or outrageous behaviour.

The court awarded costs to the applicants on a partial indemnity basis in the all-inclusive amount of $58,000, payable by all respondents except one who did not oppose the application.

The applicants, members of an incorporated church and registered charity, sought an order compelling the church's board of directors to hold an annual general meeting (AGM) and elections, which had not occurred since 2016.

The respondents argued the court lacked jurisdiction, claiming the church was a voluntary religious association and the dispute was ecclesiastical.

The Superior Court of Justice rejected this argument, finding the church was a corporation governed by the Not-for-Profit Corporations Act, 2010, and the applicants had established legal rights under the statute.

The court ordered the holding of an AGM under the supervision of a neutral chair for the purpose of electing a new board of directors.

The applicant mother sought the return of her child to the Czech Republic pursuant to the Hague Convention after the respondent father removed the child to Canada without her consent.

The father initially opposed the return, claiming the child's habitual residence was Canada and that the child objected to returning.

An independent assessment revealed the child wished to return to the Czech Republic.

The court found the child was habitually resident in the Czech Republic, the mother had custody rights, and the removal was wrongful.

The court ordered the immediate return of the child to the Czech Republic.

The applicant's application for injunctive relief and reinstatement as a priest was dismissed.

The respondents sought substantial indemnity costs of $104,706.19, alleging the applicant engaged in sanctionable conduct and pursued fruitless litigation against improper parties.

The court rejected the claim for substantial indemnity costs, finding the conduct did not warrant sanction.

Applying the factors under Rule 57.01(1) and the principle of fixing a fair and reasonable amount, the court awarded the respondents costs fixed at $50,000 inclusive of fees, HST, and disbursements.

The parties attended a case conference regarding the plaintiff's summary judgment motion.

The defendants raised issues with the plaintiff's materials, including the need for certified translations of Spanish documents and potential defects in the commissioning of an affidavit.

The court directed the plaintiff to provide certified translations and correct certain exhibits.

The court also directed the parties to schedule a three-hour hearing to address the defendants' anticipated motions to strike portions of the plaintiff's affidavit and to strike the statement of claim for failure to pay an outstanding costs award.

The plaintiff band sought to enforce a judgment debt against the defendant band member by seizing his certificates of possession for lands situated on the reserve.

The defendant argued that section 29 of the Indian Act prohibits the seizure of reserve lands under legal process.

The court held that while section 29 protects the underlying Crown title to reserve lands from seizure by non-Indians, section 89(1) expressly permits an Indian or a band to seize the real or personal property of an Indian situated on a reserve.

The court ordered the defendant to transfer his certificates of possession to the band to satisfy the debt.