J. Webster

The plaintiff sought costs following a successful trial in which the court found the defendants had fraudulently conveyed a property to defeat the plaintiff's family law claims.

The plaintiff sought substantial indemnity costs of $297,946.04, arguing the defendants maintained a fraudulent defence throughout the litigation and failed to accept a reasonable offer to settle.

The court agreed, finding the defendants' conduct abusive and dishonest.

The court awarded the plaintiff the full amount claimed on a substantial indemnity basis, divided equally between the two defendants.

The plaintiff sought a declaration under the Fraudulent Conveyances Act that the transfer of a residential property by his spouse to her mother was void as a fraudulent conveyance intended to defeat his potential claims arising from matrimonial proceedings.

The court examined badges of fraud including lack of consideration, secrecy of the transfer, and the close relationship between transferor and transferee.

After reviewing credibility issues and conflicting evidence, the court found the spouse was the true owner of the property and transferred it during a troubled marriage to prevent its inclusion in equalization calculations under the Family Law Act.

The court held that the plaintiff qualified as a creditor within the meaning of the statute.

The conveyance was declared null and void.

During a trial regarding an estate dispute and a dependant's relief application, it was revealed that the parties had previously attended mediation and reached a settlement.

The applicant's lawyer subsequently attempted to resile from the agreement.

The court held a hearing to determine if a binding settlement had been reached.

The court found that the applicant's lawyer had ostensible authority to bind his client and had agreed to the settlement terms.

The court enforced the settlement under Rule 49.09, finding it fair and reasonable, and declined to award costs against the applicant's lawyer personally.