Benotto

The applicant, an experienced litigation lawyer, sought leave to bring a motion to set aside the Registrar's dismissal of his appeal in a bankruptcy proceeding.

The appeal had been dismissed for failure to perfect it within the ordered timeframe.

The court found that the applicant's conduct, including repeated delays and failure to comply with rules, indicated an attempt to stall the enforcement of the bankruptcy order.

The motion for leave was dismissed with costs.

The appellant was convicted of importing fentanyl and possession for the purpose of trafficking after a controlled delivery of a package from China.

On appeal, she raised several grounds, including errors in jury instructions on importing, circumstantial evidence, and after-the-fact conduct, as well as the unreasonableness of the verdicts.

The Court of Appeal dismissed these grounds but allowed the appeal based on two errors: the trial judge improperly permitted the Crown to invite an adverse inference against the appellant for testifying after another defence witness, and the trial judge erred in dismissing the appellant's application to adduce evidence of a known third-party suspect.

The convictions were set aside and a new trial was ordered.

The appellants, Fram and Kerbel, appealed a trial judgment that declared a 2005 land sale agreement between Kerbel and Romandale at an end.

The trial judge had found that Kerbel repudiated the agreement by entering into a settlement agreement with Fram that delayed the closing of the land sale until after secondary plan approval.

The Court of Appeal allowed the appeals, finding that Romandale was estopped by convention from asserting that the settlement agreement breached the 2005 agreement, as all parties had shared the assumption that the sale could only close after secondary plan approval.

The Court also held that the 2005 agreement was not frustrated or void for mistake, Kerbel's claim was not limitation-barred, and Kerbel was entitled to specific performance because the lands were unique.

The father was awarded sole custody of the parties' child and permitted to relocate to Oregon after a trial where the mother presented forged documents and fled to India mid-proceeding.

The mother appealed the trial decision.

The father brought a motion for security for costs of the appeal, and the mother brought a cross-motion for a stay of the judgment pending appeal.

The Court of Appeal granted the father's motion, finding the appeal frivolous and vexatious, and ordered the mother to post $30,000 in security.

The mother's motion for a stay was dismissed as she failed to meet the RJR-MacDonald test.