John R. R. Jennings

Following a family law trial concerning property division and support, the court determined costs after receiving written submissions.

The husband had made an offer to settle that was more favourable to the wife than the eventual judgment, engaging the presumptive entitlement to costs under the Family Law Rules and supporting substantial indemnity recovery.

Although the husband sought up to $792,447.47 in full recovery costs, the court found the claim disproportionate given the relatively brief and uncomplicated four‑day trial.

Applying the fairness and reasonableness principles from Boucher v. Public Accountants Council and reviewing comparable family law authorities, the court reduced the amount significantly.

The wife was ordered to pay $265,000 inclusive of disbursements and taxes, with payment tied to the sale of her home unless an undertaking was not provided.

The plaintiff brought a motion under rule 21.01 seeking a declaration that her injuries constituted an "accident" under s.2(1) of the Statutory Accident Benefits Schedule, thereby entitling her to statutory accident benefits.

The incident occurred when the plaintiff was injured while a taxi driver attempted to move a motorized scooter to transport a passenger to a wheelchair-accessible taxi.

The court applied the two-part test requiring that the injury arise from the use or operation of an automobile and that such use directly cause the impairment.

Although the taxi was being used for its intended purpose, the court held the injury was caused by the driver's handling of the scooter, an intervening act unrelated to the use or operation of the taxi.

The motion for a declaratory order was therefore dismissed.

Following a long marriage with three children, the court determined property equalization, spousal support, and child support issues after the parties agreed on a parenting plan.

The primary dispute concerned valuation of significant real estate assets for net family property calculation.

The court preferred one expert appraisal over another and determined the values of the matrimonial home and a farm property, resulting in an equalization payment payable to the applicant.

Despite the long marriage and the applicant’s role as homemaker, spousal support was denied due to the applicant’s substantial assets and investment income.

Guideline child support was ordered based on the respondent’s reduced income following job loss, and the parties were required to share section 7 expenses equally.