CIVIL PROCEDURE - Appeals - Grounds for review

Law360 Canada (April 13, 2023, 6:23 AM EDT) -- Appeal by the appellant from the additional terms of an adjournment order made at a trial management conference (TMC). She argued that the judge erred by making the order on his own motion. The appellant was the elderly mother of Chow. Chow and Chan were married and then separated. Chan commenced a family claim against Chow seeking a division of property among other relief. Chan named the appellant as a respondent, claiming the appellant held property in trust for Chow and Chan. After the couple separated, the appellant commenced a civil claim against Chow and Chan. She claimed she put approximately $10 million into a TD Bank account and made Chow a signatory for administrative purposes only. She alleged Chow and Chan made unauthorized withdrawals from the account. Chow filed a response to the civil claim agreeing with the allegations of the appellant. An order was made that the family claim and civil claim be tried together, subject to the directions of the trial judge. The judge conducting the TMC had no previous dealings with the actions and was not otherwise case managing them. The judge ordered that the impending trial of the two actions be adjourned, and the adjournment be on terms that the trial could not be rescheduled until the court was satisfied sufficient documentation had been produced demonstrating the source of the approximately $9.1 million deposited into the TD Bank account....
LexisNexis® Research Solutions

Related Sections