Litigation Archives : 2016

Digest of the Week | Amendment of Pleadings

The Ontario Superior Court of Justice reviews circumstances under which pleadings may be amended.

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Word of the Week | Successful Party

Litt v. Gill (2016), 2016 CarswellBC 1817, 2016 BCCA 288 (B.C. C.A.) at para. 53 Garson J.A. (Saunders and Fitch JJ.A. concurring)

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Digest of the Week | Default Proceedings

Based on findings that defendant had knowledge of the action against them, motion judge properly dismissed application to set aside default judgment.

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McCabe v. Finn Way General Contractor (2016), 2016 ONSC 3483, 2016 CarswellOnt 8208 (Ont. S.C.J.) at para. 2 Kurke J.

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Digest of the Week | Amendment of Pleadings

Parties had endorsed case management deadlines, and amendments to pleadings would have had negative effect on those timelines.

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R. v. Giles (2016), [2016] B.C.J. No. 652, 2016 BCSC 294, 2016 CarswellBC 876 (B.C. S.C.) at para. 37 Ross J.)

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Appeal from contempt order was dismissed on grounds that report that appellant sought to admit could have been obtained before hearing and the probative value of the report was not high.

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Armanasco v. Linderwood Holdings Inc. (2016), 2016 ONSC 1605, 2016 CarswellOnt 3459 (Ont. S.C.J.) at para. 41 Perell J.

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Digest of the Week | Vexatious proceedings

The tenant-plaintiff’s action against the landlord and several others regarding an eviction was dismissed for being frivolous, vexatious or an abuse of process.

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Turmel v. R. (2016), [2016] F.C.J. No. 77, 2016 CarswellNat 126, 2016 FCA 9 (F.C.A.) at para. 12 Pelletier, Stratas and Gleason JJ.A.)

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The Ontario Court of Appeal considers whether the motion judge had the jurisdiction to strike defendants’ pleading.

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1250264 Ontario Inc. v. Pet Valu Canada Inc. (2016), 344 O.A.C. 222, [2016] O.J. No. 186, 2016 CarswellOnt 254, 2016 ONCA 24(Ont. C.A.) at para. 38 Hoy A.C.J.O. (Lauwers and McFarland JJ.A.)

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