S. Keser

The applicants brought an application regarding the administration of an estate.

They sought an order that the estate not pay tax on an RRSP, which was dismissed as the Income Tax Act makes the estate liable.

The respondent sought costs of the application, arguing it was unnecessary.

The court denied the respondent's costs claim, finding that his own errors, misstatements, and conflicts of interest in administering the estate caused the applicants' mistrust and necessitated the application.

The moving party sought to set aside a default judgment entered after failing to file a defence to a civil claim alleging liability arising from corporate dealings and alleged fraud, misrepresentation, and breach of trust.

The court applied the test for setting aside default judgment, considering promptness of the motion, explanation for the default, the existence of an arguable defence, prejudice to the parties, and the interests of justice.

Although there was delay in bringing the motion, the court found the moving party had an arguable defence because the pleadings did not clearly connect the individual defendant to the contractual obligations or alleged misconduct.

The court concluded that it would be unjust to allow the default judgment to stand.

The judgment was set aside on the condition that the moving party pay the respondent’s costs thrown away.

The plaintiff sought repayment of $17,000 allegedly loaned to the defendant, consisting of $5,000 in cash and a $12,000 certified cheque.

The defendant admitted receiving $12,000 but asserted it was a gift given during a troubled personal dynamic between the parties.

The court assessed credibility and surrounding circumstances, including the absence of written loan terms, inconsistent testimony about repayment timing, and evidence of prior harassment-related criminal proceedings involving the plaintiff.

The court concluded the plaintiff failed to prove on a balance of probabilities that the $5,000 was ever given or that the $12,000 constituted a loan rather than a gift.

The action was dismissed.