Meghan de Snoo

This is a costs decision following a successful appeal by the mother in a family law matter involving the Hague Convention and refugee status.

The mother's appeal overturned the application judge's decision to return the child to the country of origin after Canada granted the child refugee status.

The Court of Appeal awarded costs to the mother as the wholly successful party, fixing costs at $50,000 for the application and $30,000 for the appeal, totalling $80,000, while reversing the application judge's award of $75,000 to the father.

A wrongfully retained child was ordered returned to her country of origin after Canada granted her refugee status.

The Court of Appeal for Ontario allowed the appeal, finding that the application judge erred in failing to apply the rebuttable presumption against the return of a refugee child and in dismissing the child's objection to return.

The court held that when a child has been recognized as a Convention refugee by the Immigration and Refugee Board, a rebuttable presumption arises that there is a risk of persecution on return.

The application judge improperly questioned the refugee determination process and reweighed evidence without oral testimony or cross-examination.

Additionally, the child's clear and repeated objection to return, based on fear of violence by the father, was not given proper weight.

The matter was remitted to the Superior Court for determination of parenting and decision-making authority under section 23 of the Children's Law Reform Act.

In Companies’ Creditors Arrangement Act (CCAA) proceedings, LoyaltyOne, Co. and its Monitor sought a declaration that a Tax Matters Agreement (TMA) was not binding or was void as a transfer at undervalue (TUV), and sought to disclaim the TMA to secure a $96 million tax refund.

Bread Financial Holdings, Inc. (formerly ADS) cross-moved to set aside the disclaimer, asserting its entitlement to the refund under the TMA.

The court ruled that LoyaltyOne was bound by the TMA, the TMA was not void as a TUV, and the disclaimer was not approved.

The court found it premature to determine the specific nature of Bread's rights to the refund.

The plaintiff general contractor sued the Toronto Transit Commission (TTC) and other owners for approximately $193 million in damages arising from the delayed construction of the Steeles West Subway Station.

The project was delayed by 1,047 days due to incomplete designs, utility issues, and numerous changes directed by the TTC.

The court found the TTC responsible for the delay and awarded the plaintiff damages for extended contract performance, acceleration costs, underfunded change directives, and unpaid notices of intent to claim.

The court dismissed the plaintiff's attempt to flow through subcontractor claims where liquidating agreements had extinguished the plaintiff's liability.

The TTC's counterclaim for liquidated damages was dismissed as a penalty.

The plaintiff was granted a construction lien for $57,697,627.06.