J. Singer

The applicant and respondent were common-law partners for approximately 13 years who separated in June 2015.

Shortly after separation, the respondent sold the assets of his patient transfer business for over $5,000,000.

The applicant sought spousal support and a share of the sale proceeds.

The proprietary claims were resolved on consent for $1,220,000.

At trial, the court determined the applicant's continuing entitlement to spousal support on a primarily non-compensatory basis, finding the respondent's income ranged from $257,000 to $517,000 between 2020 and 2023.

The court rejected the applicant's claim that the respondent's conduct constituted a gross repudiation of the relationship under s. 33(10) of the Family Law Act.

Ongoing spousal support was fixed at $5,079 per month, with retroactive adjustments for 2020-2024, terminating June 30, 2027.

The plaintiff suffered a cardiac arrest and profound brain damage following a Caesarean section delivery.

She brought a medical malpractice action against the obstetrical and anaesthesiology teams.

The court found that the obstetrical team met the standard of care.

While the staff anaesthesiologist breached the standard of care in three respects, the court concluded that these breaches did not cause the plaintiff's injuries.

The court accepted expert evidence that the cardiac arrest was caused by an unpredictable and unpreventable amniotic fluid embolism, rather than hemorrhagic shock.

The court also ruled that the claim against the anaesthesiologists was not statute-barred due to the discoverability doctrine.

The action was dismissed.

The mother brought a motion to change a shared parenting order to sole custody and primary residence, which was ultimately resolved on consent after significant litigation.

The mother sought full recovery costs of $105,842.66, arguing the father's unreasonable behaviour drove up costs.

The father argued each party should bear their own costs as the matter settled on consent.

The court found the mother was the successful party and the father's entrenched position was unreasonable, but held the mother's claimed costs were disproportionate.

The court awarded the mother costs of $35,000.

Following a decision on cross-motions regarding spousal support, property sale, and disclosure, the parties made written submissions on costs.

The applicant was largely successful on the main issue of spousal support, while the respondent had partial success on his motion.

The court found that neither party's offer to settle engaged the costs consequences of Rule 18(14) of the Family Law Rules.

Applying the principle of proportionality, the court reduced the applicant's claimed costs and awarded her partial indemnity costs fixed at $20,765.

Following the applicant’s success on her motion for interim disbursements and on the respondent’s travel motion, the court determined the appropriate costs award.

The applicant sought full indemnity costs relying on Offers to Settle served shortly before the hearing.

The respondent argued the fees claimed were excessive and should be limited to the legal aid tariff.

The court rejected that argument but accepted that deficiencies in the applicant’s motion record increased the time required for the hearing.

The court fixed costs for the interim disbursement motion at $5,000 inclusive of disbursements and HST, and confirmed $3,770 for the travel motion.

The plaintiffs' home and personal property were damaged by a fire.

They sued their insurer and the restoration contractor for incomplete and deficient repairs, unpaid additional living expenses, and damaged or destroyed personal property.

The insurer alleged the plaintiffs committed fraud in their proofs of loss.

The court found no fraud, holding that the insurer breached its duty of good faith by raising the fraud allegation as a high-handed litigation strategy.

The court awarded the plaintiffs damages for the deficient home repairs, additional living expenses, and lost personal property, along with $100,000 in punitive damages against the insurer.