Guy Hunter

Following a six-day family law trial, both parties sought costs against the other, each claiming to be the more successful party.

The trial involved multiple issues including spousal support, imputation of income, and calculation of net family property, resulting in divided success.

The court reviewed the parties' respective offers to settle and litigation conduct.

Concluding that neither party was unequivocally more successful and that neither acted unreasonably in rejecting the other's offers, the court ordered that each party bear their own costs.

The parties separated after a 27-year marriage.

The applicant sought a divorce, child support, spousal support, equalization, sale of the matrimonial home, and occupation rent.

The respondent sought a stay of the divorce, child support, spousal support, unequal division of net family property, and a vesting order for the matrimonial home.

The court granted the divorce, ordered the applicant to pay child support and a proportionate share of section 7 expenses, and dismissed both parties' claims for spousal support.

The court equalized the net family properties, ordering the applicant to pay $11,646.65, and ordered the sale of the matrimonial home with the net proceeds divided equally, subject to deductions from the applicant's share for amounts owed to the respondent, including a $12,000 advance on child support.

A long‑term restaurant server brought an action for wrongful dismissal after being terminated following a late arrival for work.

The employer alleged just cause based on chronic lateness, alcoholism, and discourteous behaviour, but did not appear at trial.

The court held the employer failed to prove just cause and that dismissal for a single instance of lateness was disproportionate under the contextual approach established in McKinley v. BC Tel.

Applying the Bardal factors, the court considered the employee’s 29 years of service at the restaurant, age, and limited alternative employment prospects, despite only 11 months of employment with the purchasing corporation.

Reasonable notice was fixed at 15 months, and damages were calculated based on wages and tips forming part of remuneration.