C.R. Harris

The court issued an addendum to a previous endorsement to clarify that the dismissal of a motion to quash an appeal included the issues of re-attendance for discovery and further examinations.

The court also dismissed a motion to expunge a costs outline, holding that non-compliance with Rule 57.01(6) of the Rules of Civil Procedure is not fatal where there is no prejudice and procedural and substantive justice can still be accomplished.

The plaintiff brought a motion to quash the defendant's appeal of a motion judge's order.

The motion judge had denied the defendant leave to bring a motion seeking answers to undertakings and refusals, and permission to amend its statement of defence and counterclaim.

The plaintiff argued the order was interlocutory and therefore could not be appealed under s. 71(3) of the Construction Lien Act.

The Divisional Court dismissed the motion to quash, finding that the denial of leave to amend the statement of defence effectively barred the defendant from raising substantive defences, rendering the order final rather than interlocutory.