Milton J. Bernstein

The appellant appealed a decision finding that the execution of a forbearance agreement did not release him from his guarantee.

The Court of Appeal dismissed the appeal, holding that the terms of the guarantee explicitly allowed the bank to grant time and other indulgences to the borrower without discharging the guarantor's liability.

Following a successful appeal regarding the jurisdiction to order the conveyance of a cottage property, the appellant sought costs on a substantial indemnity basis due to the respondent's ill-advised interlocutory steps.

The Court of Appeal declined to award substantial indemnity costs, noting the litigation stemmed from the respondent's attempts to secure child support arrears evaded by the other respondent.

Applying the factors from Andrews v. Andrews, the court awarded the appellant modest costs of $3,000.

The appellant appealed an order requiring her to convey a cottage property to the respondent, Diane Pirner.

The cottage had previously been transferred by the respondent's former husband to a family trust, and then to the appellant.

The application judge ordered the transfer to satisfy security for support and equalization payments.

The Court of Appeal held that the application judge lacked jurisdiction under the Family Law Act to order the appellant to convey the property to the respondent, as the original conveyance was voidable, not void, and the appellant was not a straw person.

The appeal was allowed and the order set aside.

The appellant was successful on appeal in setting aside an order to convey a cottage property to the respondent.

All parties sought costs.

The court declined to award substantial indemnity costs to the appellant despite the respondent's ill-advised interlocutory steps, noting the litigation stemmed from the other respondent's evasion of child support and breach of the Family Law Act.

The court awarded modest costs of $3,000 to the appellant.