A. Winton

The plaintiff in a defamation action brought a motion for leave to amend his statement of claim, including adding his professional corporation as a plaintiff, and alternatively sought to extend the time to issue a statement of claim in a placeholder action.

A non-party sought and was granted leave to intervene to oppose certain amendments.

The court denied the amendment to add the professional corporation on the basis of issue estoppel, as a previous judge had already denied the same request.

The court also denied amendments that improperly sought document production or contained scandalous information about the non-party.

The motion to extend time in the placeholder action was dismissed as an abuse of process and a collateral attack on the previous judge's order.

Success being divided, no costs were awarded.

The plaintiff in a wrongful dismissal action brought a motion for a further and better Affidavit of Documents, challenging the defendant's claims of solicitor-client and litigation privilege over certain internal emails.

The plaintiff had previously received an anonymous package of the defendant's documents, which she reviewed before returning.

The court reviewed the contested documents and found that they were all protected by either solicitor-client privilege, as part of the continuum of legal advice, or litigation privilege, having been created for the dominant purpose of anticipated litigation following the plaintiff's termination.

The motion was dismissed, and the documents were not ordered to be produced.

The moving parties, construction lien creditors of the Mady Group of Companies, brought a motion seeking to lift a CCAA stay of proceedings, amend their statements of claim, and obtain a Mareva injunction against several individuals and corporations.

The court dismissed the motion, finding that the moving parties failed to make full and fair disclosure, failed to establish a strong prima facie case of fraud or breach of trust, and provided no evidence of a risk of dissipation or removal of assets from the jurisdiction.

The defendant Ministry appealed a Master's decision at a status hearing allowing the plaintiff's action to proceed despite a five-year delay.

The Master found the delay was caused by the plaintiff's former counsel failing to act on instructions, and that the defendant would suffer no non-compensable prejudice.

The Superior Court of Justice dismissed the appeal, holding that the Master made no errors of law or palpable and overriding errors of fact in applying the Khan test for delay.

The defendants brought a motion seeking additional production of documents and an order that this action be tried together with or consecutively to a related proceeding.

The plaintiff brought a motion for leave to file a Fresh as Amended Statement of Claim and sought orders compelling further documentary disclosure and updated information from the defendants.

The court held that, following amendment of the pleading, document production should be assessed in relation to the amended claim and limited to documents relevant to common customers and vendors.

The court ordered ongoing disclosure obligations on the defendants regarding common customers and vendors but declined to order the actions tried together.

An interim award of $35,000 was granted to the defendants as costs thrown away arising from the amendment.