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Motion to add crossclaims and third party claims in foreign judgment enforcement action dismissed as legally untenable.
The plaintiff brought an action to recognize and enforce a New York judgment against the defendants.
The defendants moved for leave to amend their statements of defence, advance crossclaims against each other, and issue third party claims against another individual named in the foreign judgment.
The court granted leave for the consented amendments regarding the voluntariness of the underlying settlement.
However, the court dismissed the motions for crossclaims and third party claims, finding them legally untenable as they improperly sought to relitigate substantive issues of contribution and indemnity that were not part of the foreign judgment.
Costs of $6,000 awarded to plaintiff following settlement of motion to strike for unpaid costs.
The plaintiff brought a motion to strike the defendants' statement of defence due to the nonpayment of previous costs awards totaling $25,700.
On the eve of the hearing, the parties settled the motion, leaving only the issue of costs to be decided.
The plaintiff sought costs of approximately $15,000 on a substantial indemnity basis, while the defendants argued for $2,500 to $3,500.
The court found the motion was unnecessary and caused by the defendants' failure to pay prior awards, but reduced the plaintiff's claimed hours for an articling student.
Costs were fixed at $6,000 inclusive of HST and disbursements.
Appeal from order assuming jurisdiction and dismissing forum non conveniens motion dismissed.
The appellants appealed a motion judge's decision finding that the Superior Court of Justice had jurisdiction simpliciter over the respondent's action and that Ontario was not forum non conveniens.
The underlying action involved claims for breach of contract, negligence, and other torts arising from a share purchase agreement.
The Court of Appeal dismissed the appeal, finding no error in the motion judge's application of the Van Breda presumptive connecting factors for jurisdiction, and no basis to interfere with her discretionary decision regarding forum non conveniens.
