Susanne Balpataky

The appellant abandoned his appeal after the respondents filed responding materials and brought a motion for security for costs.

The respondents sought costs of the appeal and the moot security motion.

The appellant requested that no costs be ordered, citing personal circumstances.

The Court of Appeal declined to exercise any discretion to order no costs, noting the appellant had put the respondents to expense and had substantial unpaid costs orders.

The court awarded costs of $20,000 to the Aziz respondents and $15,000 to the Mallot Creek respondents.

The applicant sought a Norwich order against two lawyers to obtain transactional information regarding real estate purchases and transfers involving a judgment debtor, in order to enforce a $369,072.61 judgment.

The respondents opposed the motion, arguing the applicant did not meet the test for a Norwich order and that the information was protected by solicitor-client privilege.

The court granted the Norwich order, finding that the applicant met the test and that the requested transactional information, such as the source of funds and true ownership of the properties, was not presumptively protected by solicitor-client privilege.

The court ordered the respondents to produce the non-privileged information and established a process for reviewing any specific claims of privilege.

The deceased had a group life insurance policy with Sun Life.

She executed a change of beneficiary form designating her two daughters as irrevocable beneficiaries, but due to her disability, the policy remained with Sun Life instead of transferring to a new provider.

Her will also contained an ambiguous insurance declaration.

Sun Life paid the insurance proceeds into court.

The daughters brought a motion for a declaration that they were solely entitled to the proceeds.

The court found the will's insurance provision ambiguous but declared the change of beneficiary designation valid under the Insurance Act.

The court ordered the proceeds paid out to the daughters.