Good morning.
There were four substantive decisions of the Court of Appeal
last week.
Two were family law decisions. In Climans v. Latner,
the Court confirmed that parties can be "spouses" for the
purposes of spousal support under the Family Law Act even
if they keep separate residences. The trial judge ordered over
$50,000 per month in support for an indefinite period, having found
that the "Rule of 65" applied. The Court of Appeal agreed
that there was an entitled to support, but disagreed that the Rule
of 65 applied based on the trial judge's findings of fact.
Accordingly, it reduced the duration of support from indefinite to
ten years.
One decision related to a deceased's intentions as to
whether a loan made to her daughter would be forgiven upon her
death or repayable to her estate. The other decision was a motion
for leave to appeal a costs order arising out of litigation
relating to a mortgage financing that did not materialize.
