The plaintiff brought a motion for summary judgment.
During the hearing, the defendants raised unpleaded legal issues in their factum, which was served late.
The plaintiff sought to file a supplementary book of authorities to address these new issues, providing it to the defendants at the commencement of the motion.
The court accepted the plaintiff's supplementary book of authorities and heard submissions from both parties.
To ensure fairness, the defendants were granted leave to file written submissions on the cases in the supplementary book within ten days, with the plaintiff allowed a further ten days for reply submissions, both limited to five pages.
