Amy Dale

Following a decision determining that a foster child was not entitled to share in an intestate estate, the court determined the issue of costs.

The applicant estate trustee was awarded full indemnity costs payable from the estate, as the application was necessary for the proper administration of the estate.

The successful respondent was awarded partial indemnity costs payable by the unsuccessful respondent, with the balance of his full indemnity costs payable by the estate, as the litigation between the respondents was adversarial and did not engage public policy considerations.

The applicant trustee sought directions on the distribution of an intestate estate.

The deceased died without a spouse, issue, or parents, leaving his estate to be distributed among his siblings.

The respondent, a former foster child of the deceased's adoptive parents, claimed entitlement to share in the estate as a 'sister'.

The court held that under the Children's Law Reform Act and the Succession Law Reform Act, a foster child who was never legally adopted does not meet the definition of a 'child' or 'sister' for the purposes of intestate succession.

The foster child was therefore excluded from sharing in the estate.

The plaintiff, Windsor Salt Ltd., sought an urgent interim injunction against Unifor, its Locals 1959 and 240, James Gatto, and other unidentified picketers, to restrain unlawful picketing activities during a labour dispute.

The court granted the interim injunction, finding that the plaintiff had satisfied the preconditions under section 102 of the Courts of Justice Act, including demonstrating a serious question to be tried, irreparable harm, and that the balance of convenience favoured granting the injunction.

The court addressed jurisdictional arguments regarding naming unions as parties and the requirement for oral evidence and police assistance efforts, tailoring the injunction to permit lawful picketing while restraining unlawful obstruction, intimidation, and trespass.

The plaintiff, a former band administrator, sued the First Nation and two councillors for wrongful dismissal, mental distress, and defamation.

The defendants alleged just cause for termination, counterclaiming for misappropriation of funds.

The central issue was the authenticity of the plaintiff's employment contract, which she claimed justified her self-reimbursements for vacation pay, CPP, EI, and pension deductions.

The court found the plaintiff's version of the contract to be a forgery, concluding that her actions constituted theft and just cause for termination.

The defamation claim failed due to lack of evidence of publication by the named defendants.

The plaintiff's claims were dismissed, and the First Nation's counterclaim for $18,644.58 was allowed.