Shan Padda

The appellant appealed an order denying an adjournment and finding no good defence on the merits.

The Court of Appeal found no error in the motion judge's exercise of discretion to deny the adjournment and agreed that the appellant failed to show a good defence on the merits.

The appeal was dismissed with costs.

The appellants appealed an order declaring Mr. Pavicevic dead as of January 10, 1997, under the Declarations of Death Act, 2002.

The Court of Appeal upheld the trial judge's finding that the criteria for a declaration of death were met.

Because Mr. Pavicevic and the respondent held property as joint tenants, title passed automatically to the respondent upon his presumed death, defeating the appellants' spousal support order which was not registered on title until 2005.

The appeal was dismissed.