David L. Robins

The appellants brought a motion to review an order requiring them to post security for costs.

They argued the motion judge misapprehended evidence regarding the corporate appellant's indebtedness and asset valuation.

The Court of Appeal dismissed the motion, finding no error in the motion judge's reliance on the public record and financial statements over unconfirmed assertions and a late-produced tax bill.

The appellants were ordered to post security for costs within thirty days.

The appellants appealed a trial judgment dismissing their claims regarding interests in an estate under the doctrine of mutual wills, constructive trust, and as beneficiaries of a family trust.

The trial judge found no agreement to execute mutual wills and upheld the trustee's encroachment on the trust in favour of another beneficiary, finding it was done in good faith to protect family businesses.

The Court of Appeal dismissed the appeal, holding that the trial judge's detailed findings of fact and credibility assessments were well supported by the evidence and no palpable and overriding error was demonstrated.

The appellant appealed an order granting summary judgment that dismissed his claim against Linamar for intentional interference with economic relations.

The Court of Appeal allowed the appeal, finding that the record contained evidence of actions and documents involving Linamar such that it could not be said there was no genuine issue for trial.

The summary judgment was set aside, and costs of the appeal were fixed at $10,000.