Christian B. Farahat

The plaintiff, Alma Cherry, brought a motion to dismiss third-party claims for delay.

The motion, previously adjourned at her request, was scheduled peremptorily for April 8, 2025.

On the hearing date, Cherry again sought an adjournment, citing complaints about opposing counsel and requests for further discovery materials.

The court authorized her to obtain an audio recording of the discovery, provided all counsel receive a copy before it is used in court.

The court explained that further requests regarding discovery refusals or document production must be brought by motion before the Associate Justices.

The court set deadlines for all parties regarding upcoming motions and adjourned Cherry’s motion to April 13, 2026, making clear that this would not affect the defendants’ right to proceed with their own motions.

The Court of Appeal for Ontario dismissed Michelle Botosh’s appeal from the order striking out her 2023 action against members of the defence team from her earlier personal injury litigation.

The court found the new action was a collateral attack on the 2013 judgment and an abuse of process.

The court also upheld the motion judge’s findings regarding witness and lawyer immunity, the absence of a privacy claim, and the reasonableness of the costs award.

The Personal Insurance Company sought leave to appeal a motion judge's denial of summary judgment in a tort action.

The motion judge had found the summary judgment motion premature, requiring evidence of "other uninsured vehicles" and deferring coverage issues until trial.

The Superior Court granted leave to appeal, finding good reason to doubt the correctness of the motion judge's decision because the evidence sought was irrelevant to the issues and deferring coverage issues until trial was problematic.

The court also found the appeal involved matters of province-wide importance regarding uninsured coverage under the Insurance Act.