Claire Seaborn

The defendants, BNT Canada, L.P., BNT Canada GP, Inc., and Bechtel Power Corporation (collectively "Bechtel"), brought a motion to transfer the action from Walkerton (Central West Region) to the Toronto Region under Rule 13.1.02 of the Rules of Civil Procedure.

The plaintiffs, Bruce Power L.P. and Bruce Power Inc. (collectively "Bruce Power"), opposed the motion.

The court applied a holistic approach to the factors enumerated in Rule 13.1.02(2)(b), finding that the convenience of the parties, witnesses, and the court, along with advantages for securing a just, expeditious, and least expensive determination, and the availability of judges and court facilities, favored Toronto.

The court concluded that Bechtel had met the onus of demonstrating that Toronto was "significantly better" and that the transfer was in the interest of justice.

The motion to transfer the action to Toronto was granted.

The appellant, FNX Mining Company Inc., appealed an order from a building inspector requiring building permits for a generator structure and several trailers at its mine site.

The generator, providing standby power, was remotely operated and not designed for human occupancy, though maintenance staff entered periodically when it was off.

The trailers served as offices, lunchrooms, and first aid stations, were movable but secured for periods with utilities attached.

The court, applying a reasonableness standard, found the generator was not a "building" under the Building Code Act, 1992, as its transient occupancy and regulation by other safety regimes made the building permit requirement unreasonable.

However, the trailers, being secured for periods with utilities and used for regular human occupancy, were deemed "buildings" requiring permits.

The appeal was allowed in part.

This case conference endorsement outlines procedural progress in a complex, multi-party construction litigation involving Carillion Construction Inc., the City of Toronto, and NORR Limited, among others.

The court addressed the schedule for executive discoveries, ruling that they must proceed as planned, contrary to the City's submission.

It also confirmed the mediation schedule for March-April 2019, involving various claimants and insurers.

Further directions were given regarding documentary production by subcontractors and the City's amended third-party claim against Metrolinx, setting deadlines for Metrolinx's response or motion.

The defendant physician brought a motion to dismiss the medical negligence claims of two minor plaintiffs on the basis that plaintiffs' counsel commenced the action without authority from their respective mothers, who were named as litigation guardians.

The evidence showed counsel had been unable to contact or obtain instructions from the mothers.

The court granted the motion and dismissed the minors' claims under Rule 15.02 of the Rules of Civil Procedure, noting the dismissal was without prejudice to the minors' right to commence their own actions upon turning 18.