O. Vinton

The applicant mother and respondent father each brought motions following a case conference.

The respondent sought to set aside a procedural order granting the applicant leave to bring substantive motions, arguing inadequate notice.

The applicant sought interim child support, spousal support, and contribution to orthodontic expenses.

The court dismissed the respondent's motion, finding he had adequate notice of the case conference and the court had jurisdiction to make procedural orders.

The court granted the applicant's motion, ordering the respondent to pay interim Table child support of $1,769 per month, 70% of orthodontic expenses, and interim spousal support of $2,500 per month, which was adjusted downwards to account for the respondent's ongoing payment of the joint mortgage.

The defendants moved for security for costs under Rule 56.01(1)(e), arguing the plaintiff's claim for a one-half interest in their property based on proprietary estoppel was frivolous and vexatious.

The plaintiff cross-moved to strike the defendants' affidavits and opposed their motion to amend their pleadings to add a limitations defence.

The court dismissed the plaintiff's cross-motions, allowed the defendants to amend their pleadings, and granted the motion for security for costs, finding the plaintiff's claim lacked practical merit and her conduct in the litigation was vexatious.

The plaintiff mortgage lender brought a motion to enforce a settlement agreement signed by the self-represented defendant.

The defendant argued the agreement was signed under duress and that he intended to preserve his counterclaim.

The Master found the settlement valid and binding, noting the defendant's failure to include any reservation of rights in the clear written agreement.

The Master ordered that the plaintiff could proceed with the sale of the mortgaged property, but directed that the proceeds be held in escrow until the defendant's counterclaim, which requires leave to proceed due to his status as a vexatious litigant, is resolved.