Charles Munro Gastle

The defendant brought a motion for an order requiring the plaintiff to produce documents relating to its claims for breach of contract and defamation.

The plaintiff had sued the defendant for $2.3 million after the defendant initiated an $11,000 small claims action for unpaid invoices.

The court found the plaintiff's initial affidavit of documents deficient and ordered the delivery of a supplementary sworn affidavit of documents.

The defendant's request to set a discovery plan deadline was dismissed as premature.

The appellant abandoned its appeal, and the respondent sought substantial indemnity costs.

The appellant challenged the court's jurisdiction to award costs for an abandoned appeal and proposed a lower partial indemnity amount.

The Court of Appeal affirmed its jurisdiction under s. 131 of the Courts of Justice Act, finding that Rule 61.14 did not displace this discretion.

The court awarded the respondent partial indemnity costs, finding substantial indemnity was not justified.

Delta Elevator Company Limited brought a motion to enforce a settlement agreement with 31 Kingsbury Inc. regarding the installation and inspection of elevators.

Kingsbury opposed, arguing that no settlement was reached, or that it should not be enforced, or that granting judgment would be akin to partial summary judgment.

The court found that the parties had reached a legally binding settlement with agreement on all essential terms, and that Delta had not repudiated the agreement.

The court granted Delta's motion, ordering Kingsbury to comply with the settlement terms and pay costs.

The plaintiff moved to amend the statement of claim to substitute the correct corporate defendant after the expiry of the two‑year limitation period under the Limitations Act, 2002.

The court found that the plaintiff intended to sue the elevator maintenance company responsible for servicing the elevator at the time of the accident but had mistakenly named a related corporation with a similar name.

Applying the misnomer doctrine and s. 21(2) of the Limitations Act, the court held that the amendment was permissible because the intended defendant knew it was the party meant to be sued and had received prior notice of the claim.

The court rejected arguments that the amendment would cause non‑compensable prejudice, finding that any evidentiary loss occurred within the limitation period and was unrelated to the amendment.

Delay in bringing the motion was also not excessive once counsel discovered the error.

The appellants appealed an order striking out their Fresh as Amended Statement of Claim and imposing terms on a discontinuing plaintiff.

The appellants abandoned the pleading argument after delivering a revised claim.

The Court of Appeal found the motion judge erred by prematurely requiring the discontinuing plaintiff to deliver an affidavit of documents and submit to discovery before pleadings were closed, setting aside those terms.

The Court also found the motion judge's $45,000 costs award excessive and varied it to $10,000.

The respondent in the appeal brought a motion to introduce fresh evidence arising from an examination for discovery.

The Divisional Court dismissed the motion, applying the test for adducing fresh evidence.

The court found that the proposed evidence regarding authority to bind a corporation was not determinative of the issue on appeal, which concerned an order to post security, and that the evidence could have been obtained with reasonable diligence prior to the initial proceeding.

The appellants, owners of a condominium project, appealed an order requiring them to hold five units as security pending the determination of an action brought by the respondent purchaser.

The Divisional Court allowed the appeal, finding that the motions judge had effectively granted a Mareva injunction without applying the proper legal test.

There was insufficient evidence of a strong prima facie case or a real risk of asset dissipation.

The paragraphs of the order requiring the units to be held as security were deleted.