Amir Fazel

The statutory third party, Economical Mutual Insurance Company, brought a motion for leave to serve and file a jury notice after the close of pleadings.

The parties had previously entered into a consent judgment settling the plaintiffs' damages and agreeing that the remaining insurance coverage issues would be tried by a judge.

The court found that the third party's motion was a tactical attempt to avoid the consequences of the consent judgment and have the issue of the defendant's intent tried by a jury.

The court dismissed the motion, holding that granting leave would rewrite the terms of the consent judgment and cause substantive prejudice to the responding insurer.

The appellants appealed an order refusing to set aside an administrative dismissal of their personal injury action.

The action was dismissed in 2007 due to the inaction of their former counsel, and a motion to set aside the dismissal was not brought until 2013.

The Court of Appeal upheld the motion judge's decision, finding no error in the conclusion that the appellants failed to rebut the presumption of prejudice caused by the significant delay, and that actual prejudice to the respondent's ability to defend the action had been established.

The moving defendants sought summary judgment to dismiss the plaintiffs' negligence claim against the defendant driver.

The plaintiff was a passenger in the defendant's vehicle when an oncoming vehicle crossed the centre line, creating an emergency.

The defendant steered left to avoid a collision, but the oncoming vehicle swerved back, resulting in a head-on collision.

The court applied the 'full appreciation test' and the 'agony of collision' principle, concluding that the conflicting expert evidence and the factual determination of whether the defendant's evasive action was reasonable in the circumstances required a trial.

The motion for summary judgment was dismissed.

The plaintiff invested in a property with the defendant Esmail, creating a trust relationship.

Esmail failed to keep proper accounts, transferred the property to his wife Yasmin to defeat creditors, and eventually sold the property without properly accounting to the plaintiff.

The solicitor acting on the sale, Jiwa, ignored the trust declaration and failed to protect the plaintiff's interests.

The court found Esmail and Yasmin liable for breach of trust and fiduciary duty, and Jiwa liable for negligence and breach of fiduciary duty, awarding damages to the plaintiff.