William Alexander Melnychuk

This is a costs endorsement following an appeal.

The Court of Appeal fixed the costs of the appeal at an all-inclusive amount of $10,000, payable by the appellant from their share of the estate to the respondent.

This appeal concerned an acrimonious estate dispute between two sisters regarding their deceased mother's modest estate.

The primary issue was an allegation that a joint tenancy in the matrimonial home had been severed by a testamentary disposition.

The Court of Appeal upheld the application judge's decision, finding no error in dismissing an adjournment motion, appointing one sister as the sole executrix, and ruling that the joint tenancy was not severed by a testamentary disposition alone.

The court emphasized the importance of expeditious and proportionate resolution of estate matters.

The respondent moved to set aside an order made after an uncontested trial where he had been noted in default.

The court found two reasons to set aside the order: the respondent likely did not receive a letter about the uncontested hearing due to an incorrect address, and the applicant's affidavit for the uncontested trial contained inaccurate information about the respondent's address.

Additionally, the court emphasized the undesirability of making child custody decisions without both parents' participation.

The court set aside the previous order and restraining order, and issued temporary orders regarding child residence, communication, and travel restrictions, inviting the Office of the Children’s Lawyer to participate.