Monty Goren

Following two attendances related to applications concerning a limitation issue under the Real Property Limitations Act, the court determined that the matters would require viva voce evidence and should be heard with a related action.

The parties were invited to make written submissions on costs for the attendances.

Applying the discretionary principles governing costs under s. 131 of the Courts of Justice Act and Rule 57.01 of the Rules of Civil Procedure, the court considered the conduct of the parties and the proportionality principle.

As the applications did not proceed on their merits and all parties contributed to the adjournments, the court concluded that no party should recover costs.

Each party was ordered to bear its own costs for the two appearances.

The appellant appealed a trial judgment that extended the time for the respondent's equalization claim under s. 2(a) of the Family Law Act and dismissed her claim for spousal support.

The Court of Appeal found no error in the trial judge's factual and discretionary decisions, noting that the trial judge properly considered the appellant's disability but found she failed to demonstrate need given her assets.

The appeals were dismissed with costs.

The appellants appealed a trial judgment holding them liable as directors for unpaid wages owed to the respondent employees following the company's bankruptcy.

The Court of Appeal dismissed the appeal of two directors, finding that the employees' agreement to postpone payment until the company was in funds ended upon bankruptcy, making the debts payable.

However, the Court allowed the appeal of a third director, finding that the action against him was commenced beyond the six-month limitation period under the Business Corporations Act following his resignation.