Adam Giel

The appellant (Third Parties) appealed an order from the Superior Court of Justice, arguing that the motions judge lacked authority to order the discontinuance of a third-party action, erred in awarding costs to the respondent, and failed to address their cross-motion.

The Court of Appeal affirmed its jurisdiction and dismissed the appeal, finding that the motions judge had the authority to order discontinuance, with leave being subsumed in the order, and that the costs decision was within the judge's discretion.

The cross-motion issue was rendered moot.

The Ontario Land Tribunal held a first Case Management Conference regarding multiple appeals against the Town of Fort Erie's adoption of Official Plan Amendment No. 56 and Zoning By-law Amendment No. 144-2021, which relate to the Crystal Beach Secondary Plan.

As development applications were pending that could resolve some appeals, the parties requested and the Tribunal scheduled a subsequent Case Management Conference for January 12, 2023, directing the parties to prepare a draft Procedural Order and Issues List.

The Ontario Land Tribunal held a Case Management Conference regarding appeals of the 2010 Vaughan Official Plan and related site-specific development applications.

The Tribunal granted revisions to the Procedural Order for the Yonge-Steeles Corridor Secondary Plan hearing, deferring its start by one week to allow experts to review recently circulated transportation studies and development plans.

The Tribunal also granted Party status to the Toronto and Region Conservation Authority on Appeal 166.

Finally, the Tribunal allowed a settlement motion by the City of Vaughan, approving modifications to the Vaughan Metropolitan Centre Secondary Plan for a specific site, finding the modifications represented good planning and satisfied statutory requirements.

The third party in an equipment rental dispute brought three preliminary motions before trial: to permanently stay the third party claim due to late disclosure of an alleged Mary Carter agreement, to permit calling an expert witness, and to permit cross-examination of the plaintiff's witness despite not defending the main action.

The court dismissed the motion for a stay, finding the agreed statement of facts was disclosed in a timely manner.

The court allowed the motions to call the expert witness and to cross-examine the plaintiff's witness, finding interference with the expert's retainer and relevance of the plaintiff's evidence to the third party's defence.

The third-party defendant brought a motion for security for costs against the defendant/third-party plaintiff on the eve of trial, citing the latter's recent insolvency.

The court dismissed the motion, finding that the moving party delayed in bringing the motion despite knowing of the financial issues months earlier.

Ordering security for costs at this late stage would necessitate an adjournment, prejudicing all parties and delaying a trial on the merits.

The moving party sought leave to appeal three orders of the motion judge regarding venue, surveillance, and costs.

The Divisional Court dismissed the motion for leave to appeal and awarded costs of $5,000 to the responding party.

The defendant brought a refusals motion in a personal injury action arising from a 2017 motor vehicle accident.

The plaintiff had refused to answer questions or produce records relating to a prior 2003 motor vehicle accident, arguing he had fully recovered and returned to work years before the 2017 accident.

The court held that the 2003 accident and its consequences were relevant to assessing whether the plaintiff was a thin-skull or crumbling-skull plaintiff, and ordered the plaintiff to answer the refused questions.