G. William Corby

The appellant appealed a trial judgment finding him liable for civil fraud and ordering him to pay $30,526 plus costs.

The respondent had paid the appellant's CRA tax lien to clear title to a jointly owned family residence transferred to her pursuant to a family law settlement, and subsequently sued him after he declared bankruptcy, alleging his failure to disclose the tax debt constituted fraudulent misrepresentation.

The Divisional Court allowed the appeal and dismissed the action, finding the trial judge erred in law by applying a test for fraudulent non-disclosure rather than the strict four-part test for fraudulent misrepresentation, and made palpable and overriding errors of fact unsupported by the evidence.

A grandmother sought access to her grandchildren and previously brought a motion requesting the appointment of the Office of the Children’s Lawyer to conduct a social work investigation.

The motion was denied and the parents, who successfully opposed the motion, sought costs after retaining a lawyer for limited assistance while otherwise remaining self‑represented.

The court considered the limited documentation supporting the fee claim, the practical realities facing self‑represented litigants, and the complexity of the background issues.

The court acknowledged the broader access to justice concerns highlighted by the Supreme Court of Canada in Hryniak v. Mauldin.

Costs were fixed at $1,500 payable by the moving party to the parents.

This brief endorsement addendum concerns an amendment to the title of proceedings in a family law matter before the Superior Court of Justice.

The court directed that the style of cause be amended to properly reflect the parties as listed.

The decision does not address substantive issues but corrects the formal caption of the proceedings to ensure accuracy in the court record.