P. A. Daley

The self-represented applicant brought two applications seeking to challenge prior judicial decisions and seeking the recusal of a Regional Senior Justice in an underlying civil action.

The respondents moved to strike the applications.

The applicant sought a last-minute adjournment citing illness, which the court denied due to a lack of cogent medical evidence and a history of delay.

The court granted the respondents' motions, dismissing the applications as impermissible collateral attacks and an abuse of process.

The court also found the claims against the Attorney General and the Regional Senior Justice disclosed no reasonable cause of action due to judicial independence and absolute judicial immunity.

The defendant brought a motion to enforce a settlement reached on the eve of trial regarding an estate dispute over a property.

The plaintiffs argued there was no binding agreement as certain terms were not finalized, and disputed the calculation of 'net proceeds of sale', specifically regarding capital gains tax and sale expenses.

The court found that the Minutes of Settlement constituted a binding agreement and enforced it, holding that the objective interpretation of the agreement required the deduction of capital gains tax and shared expenses to determine the net proceeds.