Gordon E. Wood

The appellants, former members of an incorporated church's congregation, were expelled.

They commenced an action to void the expulsion, alleging the church failed to follow its internal procedures and violated their rights.

The motion judge granted summary judgment, finding no underlying contract.

The Court of Appeal allowed the appeal, holding that the church's constitution and by-laws constituted a contract binding on both members and the organization.

The court found a genuine issue for trial regarding whether the contractual provisions for expulsion were breached, as the respondents failed to adduce sufficient evidence of the procedures followed.

Following an interim family law motion addressing child support, use of RESP funds for a child's post-secondary expenses, and interim spousal support, the court considered written submissions on costs.

The moving party had sought table child support and higher spousal support under the Spousal Support Advisory Guidelines, while the responding party argued RESP funds should cover both educational and living expenses.

The court had largely accepted the responding party’s position regarding the use of RESP funds and ordered interim spousal support within the responding party’s proposed range.

Given the divided success of the motion and the fact that the final order was less favourable to the moving party than her settlement offer, the court determined that neither party achieved sufficient success to justify a costs award.