Graham Pinos

The moving parties brought a motion to vary or set aside a decision of Swinton J., which had dismissed their motion to extend the time to perfect an appeal.

Swinton J. had dismissed the motion on the basis of res judicata, as Jennings J. had previously dismissed a motion seeking the same relief.

The Divisional Court agreed with Swinton J. that she was bound by the decision of Jennings J., and that the proper recourse was to appeal or move to vary the decision of Jennings J., rather than bringing another motion before a different judge.

The motion was dismissed with costs fixed at $10,000.

The respondent estate trustee brought a motion to quash the appellants' appeal of an order granting him partial compensation despite findings of forgery and perjury.

The moving party argued the appeal was devoid of merit.

The court dismissed the motion to quash, finding that the lower court's departure from the general principle denying compensation for serious misconduct meant the appeal was not utterly bereft of merit.

The alternative motion for security for costs was also dismissed as sufficient funds were already paid into court.