The applicant, Marion Breukelman, sought to consolidate two civil proceedings (a civil action and an employment action) into her ongoing family law application.
The court granted the motion for consolidation, finding that the proceedings shared common questions of fact and law, particularly regarding the beneficial ownership of shares in a family business (R. Avis Surveying Inc.).
The court emphasized that consolidation would promote judicial efficiency, save legal expenses for the parties, and, most importantly, avoid the risk of inconsistent judgments across the related proceedings.
Despite concerns raised by the respondent and other parties about inconvenience, the court determined that the balance of convenience favoured consolidation, noting that the Family Law Rules provide tools for efficient case management.