2 total
Appeal from dismissal of motion to set aside default judgment dismissed due to unexplained delay.
The appellant appealed an order dismissing her motion to set aside a default judgment.
The Court of Appeal found no error in the motion judge's application of the legal test, noting the appellant failed to explain her failure to respond to the proceedings and her delay in moving to set aside the judgment.
The appeal was dismissed, with the appellant permitted to pursue the issue of support as a motion to change.
The successful applicant on a school placement motion was awarded $3,000 in costs, less than full recovery, due to an expired and non-severable offer to settle.
The applicant sought costs for a successful motion regarding school placement for a child in a shared parenting arrangement.
The applicant was awarded costs of $3,000.00 inclusive of disbursements and taxes.
The court determined that the applicant was the successful party on the only issue before it—the choice of school—and that costs should be awarded at a level approaching substantial recovery rather than full recovery, as the applicant's offer to settle included terms the court declined to rule on and was therefore not as favourable as the court's ruling.
