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Leave to appeal family arbitration award denied; technical deficiencies in agreement did not invalidate process.
The moving party sought leave to appeal a family arbitration award under section 45 of the Arbitration Act.
She argued that the arbitration agreement did not comply with the mandatory requirements of the Family Law Act and the Arbitration Act Regulations, and that the arbitrator erred in his findings regarding the valuation date, net family property, spousal support, and occupation rent.
The court dismissed the application, finding that the moving party's complaints regarding the financial issues were questions of mixed fact and law, which are not appealable under the agreement.
The court also held that the technical deficiencies in the arbitration agreement did not invalidate the process, as the parties had acquiesced to the jurisdiction of the arbitrator and participated fully with the assistance of experienced legal counsel.
Substantial indemnity costs awarded against estate trustee for contemptuous refusal to comply with property transfer order.
The plaintiff brought an uncontested motion for costs following successful motions for a vesting order and a finding of contempt against the defendant estate trustee.
The defendant had failed to comply with a previous court order to transfer property to the plaintiff, who was acting as litigation guardian for two minor beneficiaries.
The court found exceptional circumstances justifying a departure from standard estate costs rules due to the defendant's contemptuous conduct and the plaintiff's vulnerability.
Costs were awarded to the plaintiff on a substantial indemnity basis in the amount of $16,920.20.
