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Brodie v. Getson

CanLII (Federation of Law Societies of Canada)
CanLII · Legal · License: Open Access
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appealcanadacanadiancaselawcostscourtopinionfamilyprocedure
canada, canadian, case law, court opinion, canlii, nsca, 2026nsca55, 2026 nsca 55 (canlii), 2026, nsca, 55, (canlii), ca 551402, 2026, procedure, appeal, leave to appeal, costs award appeal, should leave to appeal be granted?, arguable issue arising from the record could result in appeal being allowed, low bar threshold applied (patey v. 11336690 canada inc. (novaxpress), ward v. murphy), leave granted, family, parenting and relocation, relocation cases, binary nature of relocation, did costs analysis fail to consider inevitability of contested hearing?, allegations of family violence and changed circumstances as legitimate issue to be tried, best interests of the children informing need to litigate, costs order set aside, procedure, costs, offers to settle, civil procedure rule 77.07(2)(b), did the judge place undue significance on settlement offer and settlement conduct?, mischaracterization of offer as providing substantive relief, offer withdrawn before hearing and settlement efforts not accounted for, costs order vacated, procedure, appellate relief, costs, whether matter should be returned to family division, what is the appropriate relief on costs for the parenting application and the appeal?, further delay and expense not in best interests of the children, costs order replaced with each party bearing own costs, appeal allowed without costs
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