Mayer v. Mayer et al. 2012 BCCA 77
Equity - Equitable principles respecting relief - Clean hands doctrine - Application of
The parties were engaged in a dispute over a family trust. There were 16 related proceedings. There were 11 appeals on reserve. The plaintiff sought to stay, pending the appeals, one of the related proceedings, an action brought against him by his brother, which the case management judge had directed would proceed to trial with 30 days of court time set aside.
The British Columbia Court of Appeal, in a decision reported at (2011), 307 B.C.A.C. 242; 519 W.A.C. 242, dismissed the application. The hearing of the appeals proceeded.
The British Columbia Court of Appeal allowed 10 of the appeals in full, setting aside the orders below. The appeal from paragraph 5 of appeal CA38809 was dismissed and the balance of that appeal was allowed. The plaintiff’s trust claims were remitted for trial.
Editor’s Note: There are a number of reported trial decisions in these actions which are available at www.mlb.nb.ca by searching under “Mayer v. Mayer et al.”