A motion was brought in a civil proceeding seeking consolidation with an ongoing family law proceeding involving the breakdown of a long marriage and disputes over ownership of corporate and real property assets.
The civil application, brought through a corporation, sought eviction of occupants from a condominium and recovery of unpaid rent, while the family proceeding raised issues of divorce, equalization, and competing claims to ownership of the corporation and related assets.
The court considered Rule 6.01 of the Rules of Civil Procedure and the principle under s. 138 of the Courts of Justice Act that multiplicity of proceedings should be avoided.
Finding overlapping factual issues concerning ownership of corporate interests and property arising from the marriage, the court held that all disputes should be determined together in the family proceeding.
Consolidation was ordered to avoid abuse of process and to promote efficiency and reduced litigation costs.
