Lawrence Hansen

The appellants appealed a decision dismissing their application to set aside a municipal investigator's report.

The investigator had concluded that the respondent municipality properly held in camera meetings under the Municipal Act exception for advice subject to solicitor-client privilege.

The Court of Appeal dismissed the appeal, affirming that under sections 223.16 and 239.2(9) of the Municipal Act, an investigator's report can only be set aside on the ground of lack of jurisdiction.

The court also rejected arguments that the investigator exceeded her jurisdiction or that the municipality failed to prove it properly appointed the investigator.

In a bankruptcy discharge proceeding, a creditor sought substantial indemnity costs for opposing the bankrupt’s discharge as well as recovery of the trustee’s legal fees and administrative expenses.

The court had previously denied the bankrupt’s discharge and was asked to determine the appropriate costs consequences.

Applying s. 197(2) of the Bankruptcy and Insolvency Act, the court held that costs normally follow the event on a partial indemnity basis.

While the creditor was successful in opposing the discharge, the court declined to award substantial indemnity costs and reduced the requested amount to $1,500 to avoid imposing an excessive financial burden that would undermine the debtor’s potential rehabilitation.

Determination of the trustee’s legal costs and expenses was deferred to the final discharge hearing and taxation of the trustee’s accounts.

The plaintiffs brought a motion under Rule 48.11 to restore their personal injury action to the trial list after it was struck due to litigation delay.

The court applied the conjunctive test from Nissar, finding that despite significant periods of inactivity and dilatory conduct by plaintiffs' counsel, there was an acceptable explanation for the delay overall.

The court also found the defendant would suffer no non-compensable prejudice.

The motion was granted, but costs were awarded to the defendant due to the plaintiffs' repeated failures to meet deadlines.