Richard H. Parker Q.C.

The plaintiffs brought a motion for court approval of a proposed $47,500 settlement in a medical negligence claim arising from the death of their father and grandfather.

The court found the motion materials deficient, as they lacked information regarding the alleged negligence, liability issues, efforts to retain experts, and the nature of the relationship between the minor plaintiffs and the deceased.

The court directed plaintiffs' counsel to file a further affidavit addressing these issues before the settlement could be evaluated for reasonableness.

The litigation involves a dispute over property owned by an unincorporated association following the expulsion of several members.

Motions were brought to declare the membership of the association and to dismiss the involvement of both the unincorporated and newly incorporated associations for lack of standing.

The court dismissed the motion for a declaration of membership, finding that factual disputes required a trial.

The court also dismissed the proceedings involving both associations, holding that the unincorporated association is not a legal entity capable of suing or being sued, and the corporate association has no interest in the litigation.

The appellant appealed the trial judge's orders regarding child support arrears, equalization, property division, and costs following a divorce.

The Court of Appeal allowed the appeal, finding errors in the calculation of child support arrears and the equalization payment, which were adjusted accordingly.

The Court also set aside the trial judge's order to sell a commercial property registered to the appellant's father, as the father was not a party to the proceedings and no finding of fraudulent conveyance had been made.

Finally, the trial costs award was reduced to exclude costs incurred prior to a previous consent order and costs from unrelated proceedings.