2 total
Appeal dismissed; motion judge properly denied late filing of statement of claim due to unexplained delay and prejudice.
The appellant appealed the dismissal of his motion for an order to allow the late filing of his statement of claim regarding the sale of allegedly defective dairy cows.
The appellant failed to file the statement of claim within the 30-day deadline after issuing a notice of action.
The Court of Appeal upheld the motion judge's decision, finding no error in the conclusion that the appellant's explanation for the delay lacked necessary detail and that the respondent suffered prejudice due to the expiry of the limitation period.
The appeal was dismissed.
Appeal dismissed; consent dismissal of a construction lien claim did not bar a subsequent action for the cost of work.
The appellant appealed a motion judge's order dismissing a motion to bar the respondent's claim.
The Court of Appeal upheld the motion judge's conclusion that a prior consent dismissal of a lien claim did not preclude the respondent's second action for the cost of work performed on the premises.
The court also agreed with the motion judge's determination on the limitation issue and dismissed the appeal with costs.
