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Motion for extension of time to seek leave to appeal dismissed for lack of evidence explaining delay.
The self-represented plaintiff brought a motion for an extension of time to seek leave to appeal an order regarding the release of her solicitor's file.
The court dismissed the motion, finding no evidence to explain the delay in bringing the motion.
Furthermore, the court held that the tests for leave to appeal under Rule 62.02(4) were not met, as there was no conflicting decision and no good reason to doubt the correctness of the original order, which was based on the evidence before the motion judge.
Appeal allowed in part; assessment of old accounts denied but solicitor's lien for personal loan refused.
The appellant law firm appealed an order directing the assessment of all its accounts to the respondent, refusing to impose a solicitor's lien on a personal loan made to the respondent, and awarding solicitor and client costs.
The Court of Appeal allowed the appeal in part, finding no 'special circumstances' under s. 4(1) of the Solicitors Act to justify assessing accounts paid without objection more than six years prior.
However, the Court upheld the refusal to grant a charging order under s. 34(1) for a personal loan, as such orders must relate to legal services.
The costs award was also affirmed.
Death benefit claim dismissed as applicant failed to establish she was the deceased's common-law spouse.
The applicant claimed a $50,000 death benefit following the death of a pedestrian struck by a motor vehicle, alleging she was his common-law spouse.
The insurer disputed the spousal relationship.
The arbitrator applied the family law criteria for determining a conjugal relationship and found that the applicant failed to establish on a balance of probabilities that she and the deceased lived together in a conjugal relationship continuously for at least one year, or that they demonstrated a settled intention to treat her son as a child of their family.
The claim for a death benefit was dismissed.
