Christine A. Powell

The appellants appealed a Master's decision dismissing their action against a municipality and their counterclaim against several lawyers for delay, and ordering them to post security for costs to defend an action for unpaid legal fees.

The Divisional Court found no palpable or overriding error in the Master's findings that the delay was inordinate, inexcusable, and prejudicial, particularly given the death of a key witness.

The court also dismissed a motion to introduce fresh evidence on appeal, finding the evidence was available at the original hearing and unreliable.

The appeal was dismissed, and the appellants were ordered to pay $109,212.89 into court within 90 days to maintain their defence in the fee action.

The appellant challenged a judgment awarding damages for historical sexual abuse, arguing the action was out of time, barred by laches, and that damages were excessive.

The court applied the discoverability approach to limitation periods in sexual battery claims and held that time began to run when the respondent realized the causal connection between the abuse and her injuries through sufficient professional counselling.

The court held laches did not arise once the action was found timely.

While punitive damages were not supportable on the trial reasons given the prior criminal sanction, the $20,000 award was sustained as aggravated damages based on the degrading and terrorizing circumstances of the abuse.

The appeal was dismissed with costs.