Michael Blackburn

The applicant brought a motion to re-open a family law trial to admit an appraisal report regarding the matrimonial home, which was omitted from the joint document brief due to counsel's inadvertence.

The trial decision had already been released, though judgment was not yet entered.

The court dismissed the motion, finding no mutual mistake between counsel regarding the document's inclusion.

Applying the test to re-open a trial, the court held that the evidence was available before trial and could have been adduced with reasonable diligence, and that the principle of finality weighed against re-opening the matter.

The plaintiff corporation, a producer of early wean pigs, brought an action against the defendant livestock breeder for unpaid invoices totaling approximately $48,855.

The plaintiff alleged the parties entered into an oral contract for the outright purchase of the pigs.

The defendant denied the contract, claiming it merely allowed the plaintiff to assemble pigs in its leased nursery and counterclaimed for feed costs.

Following a three-day trial, the court found the plaintiff's witnesses credible and the defendant's witnesses unreliable.

The court concluded an enforceable oral contract existed, granted judgment for the plaintiff in the amount of $48,885.40, and dismissed the defendant's counterclaim.

Following a prior decision released August 19, 2015, the court addressed the issue of costs.

After reviewing written submissions from both parties, the court determined that the successful applicant was entitled to a costs award.

The respondent was ordered to pay costs fixed in a lump sum amount.

The order required immediate payment.