Scott Price

In the context of a complex family law and related debt action, the parties brought cross-motions to compel answers to undertakings and refusals from questioning.

The corporate respondent was petitioned into bankruptcy shortly before the hearing, triggering an automatic stay.

The court ordered the individual respondents to produce relevant corporate and personal records in their possession, control, or power, finding that the bankruptcy stay did not relieve them of their personal discovery obligations.

The court also ruled on various claims of solicitor-client and litigation privilege, ordering the disclosure of legal fee amounts but protecting the identity of counsel and legal advice.

The defendants requested an adjournment of an upcoming trial after their previous counsel was removed from the record for non-payment of a retainer.

One defendant also sought leave under Rule 48.04(1) to bring a summary judgment motion based on a limitation period defence.

The court dismissed the request for leave, noting the limitation defence had been pleaded from the outset and the matter was already set for trial.

The court also dismissed the adjournment request, drawing an adverse inference from the defendants' failure to file evidence of prejudice, and ordered the trial to proceed as scheduled.

Motion seeking approval of Minutes of Settlement under Rule 7.08(1) of the Rules of Civil Procedure on behalf of a mentally incapable adult and for judgment implementing the settlement terms between her three sons.

The settlement arose from mediation resolving disputes concerning a family trust and a prior transfer of Spanish real property.

A dispute later arose regarding the wording of an acknowledgement required by the settlement, leading one party to withdraw a prior approval motion and threaten to resile from the agreement.

The court found the refusal to accept the original wording and withdrawal of the approval motion unreasonable, concluding it necessitated the moving party’s motion to finalize approval.

The settlement was approved and costs were awarded to the moving party, with part payable personally by the party whose conduct caused the additional proceedings.