Chris Somerville

The plaintiffs, judgment creditors of the defendant Harold Spring, brought a motion seeking an order for examination in aid of execution of non-parties and production of documents from non-parties under Rule 60.18(6), and leave to issue a notice of garnishment more than six years after judgment under Rule 60.08(2).

The court granted the motion, finding that the plaintiffs had demonstrated difficulty in enforcing the judgments and had exhausted available means, and that the non-parties likely possessed relevant information.

The court also found that the plaintiffs had not waived their rights regarding garnishment despite the delay, and that the garnishee might be indebted to the defendant.

The defendant sought leave to amend pleadings to introduce new claims, including for unpaid wages, and to particularize existing claims, despite the advanced stage of litigation.

The plaintiff opposed, citing abuse of process, potential delay, and limitation period issues for the new claims.

The court granted leave, noting that the core claim for statutory entitlements had been present since the initial pleadings and that the plaintiff had not demonstrated non-compensable prejudice.

The decision allowed the plaintiff to plead limitation periods as a defence and proposed terms, including the potential severance of the counterclaim, to mitigate trial delays.