A. Gaertner

The plaintiff brought a motion for leave to amend the statement of claim to correct an alleged misnomer, seeking to substitute his mother as the plaintiff after the limitation period had expired.

A previous motion to add the mother as a plaintiff had been dismissed.

The court dismissed the misnomer motion, finding that the original naming of the plaintiff was intentional and tactical, not an error.

Furthermore, the court held that the motion constituted an abuse of process because it relied on evidence that contradicted the plaintiff's position on the prior motion.

The defendant manufacturer brought a motion for security for costs against a corporate plaintiff in a commercial dispute involving alleged breach of a furniture supply arrangement, copyright infringement, and passing off.

The defendant argued that the plaintiff lacked sufficient assets in Ontario to satisfy a potential costs award.

Applying Rule 56.01(1)(d) of the Rules of Civil Procedure, the court found there was good reason to believe the corporate plaintiff had insufficient exigible assets and that its financial disclosure lacked the required robust particularity.

The court rejected arguments that the merits of the claim or the overlap with the counterclaim made security unjust.

Security for costs was ordered on a step‑by‑step basis, requiring payment into court pending further proceedings.

At a Commercial List case conference, the court addressed procedural issues relating to documentary production, privilege waiver, and the scheduling of discoveries.

The plaintiffs had expressed a desire to bring a motion to strike certain counterclaims, while certain defendants contemplated a motion for a further and better affidavit of documents.

The court declined to schedule those motions, directing instead that the matters be addressed through examinations for discovery and cooperative document production.

Counsel were directed to resolve production issues, exchange documents, and establish a protocol for property inspections to facilitate an expert valuation report.