- Parties: The claimant was Clair Anita Barnes-Morrison (the respondent in this proceeding). The respondents were Evangelos Kolias (the appellant in this proceeding), Sam Kolias, Vicki Parker, and Monis Uddin, as well as Evangelos Kolias, Sam Kolias, Melissa Kolias, Samantha Kolias-Gunn, Hugh Kolias, Vanessa Kolias, and Isabella Kolias, in their capacities as trustees of the Sam and Van Kolias 2020 Family Trust. 

- Subject Matter: On Nov. 28, 2024, Associate Judge Schwartz issued an interlocutory order granting the respondent in this proceeding leave to amend her notice of family claim in the context of a family law proceeding. The judge issued the interlocutory order on a without notice basis under the British Columbia Supreme Court Family Rules. The appellant in this proceeding appealed the interlocutory order. 

- Ruling: The court ruled in the appellant’s favour, allowed the appeal, and set aside the Schwartz order. The court held that the appellant successfully met the clearly wrong standard of review in showing that the application was brought before the associate judge instead of Justice Hardwick, the assigned case management judge, and in showing that the order breached r. 8-1(b) of the British Columbia Supreme Court Family Rules; breached r. 8-2(11) of the Rules; and denied the appellant his right to basic procedural fairness under the Rules. 

- Date: The court released its decision on Jan. 31, 2025. 

- Venue: This was a case before the Supreme Court of British Columbia. 

- Amount: The court awarded the appellant ordinary costs of the appeal.