Alexandre Caza

The applicant sought leave to appeal an order of the motion judge dated January 11, 2021.

The Divisional Court dismissed the motion for leave to appeal and awarded costs of $2,500 on a partial indemnity scale to the respondents.

The applicant sought leave to appeal an order dated January 11, 2021.

The Divisional Court dismissed the motion for leave to appeal in writing and awarded costs of $2,500 on a partial indemnity scale to the respondents.

The moving defendants sought summary judgment dismissing a former employee's action arising from events in the 1990s concerning workplace accommodation, alleged discrimination, alleged bad faith adjudication of workers' compensation claims, and related public law and tort allegations.

The court held that all claims grounded in the plaintiff's treatment as an employee or claimant were discovered more than fifteen years before the action was commenced and were therefore statute-barred.

The court further held that challenges to the adjudication of workers' compensation benefits fell within the exclusive jurisdiction of the Board and were not reviewable in a civil action.

Applying the summary judgment framework, the court found no genuine issue requiring a trial and dismissed the action.

The defendants moved for leave to require the plaintiff to attend further medical examinations and a further examination for discovery in a long‑running civil action set down for trial.

The parties resolved the medical examination issue, leaving only the request for further discovery.

The court held that leave to conduct additional discovery after an action is set down for trial requires proof of a substantial or unexpected change in circumstances.

While the passage of time and new expert reports did not meet that threshold, amendments to the statement of claim created uncertainty regarding the alleged cause of an aircraft engine failure.

The court granted limited leave for a further examination for discovery of up to one hour strictly concerning the amendments, applying proportionality principles under the Rules of Civil Procedure.