Jacques P. Gauthier

The defendant airline brought a motion to strike the plaintiffs' claims under Rule 21.01, arguing the claims were governed exclusively by the Montreal Convention as damages for 'delay'.

The plaintiffs had been denied boarding on an international flight because the airline mistakenly alleged one plaintiff's passport was stolen.

The court denied the airline's request to file evidentiary documents, as they were not incorporated into the statement of claim.

The court dismissed the motion to strike, finding it was not plain and obvious that the plaintiffs' claims constituted 'delay' rather than 'non-performance' of the contract of carriage, which falls outside the Montreal Convention.

Following motions for an interim parenting order and a Form 14B motion for fresh evidence, the successful respondent mother sought costs on a substantial indemnity basis.

The applicant father argued no costs should be awarded or they should be reserved to the trial judge.

The court rejected the father's arguments, finding his settlement offers unreasonable and his Form 14B motion materials misleading.

The court awarded the respondent mother costs fixed at $23,000 inclusive of taxes and disbursements.

The applicant sought to remove his sister as an Estate Trustee and force the sale of their late father's home.

The estate had remained unadministered for over five years because the sister, who was living in the home rent-free, obstructed the listing and sale process.

The court found that the sister failed to act in the best interests of the estate and removed her as an Estate Trustee pursuant to section 37 of the Trustee Act.

She was ordered to vacate the property within 30 days, and the remaining trustees were granted sole authority to list and sell the home.