Diana Weir

The plaintiffs brought a motion for an order to permit them to obtain soil and groundwater samples from a neighbouring property owned by a non-party, after the action had been set down for trial.

The plaintiffs sought the samples to allow their expert to perform forensic environmental testing to respond to the defendants' expert reports regarding PCB contamination.

The court granted leave to bring the motion, finding the expert's need for additional sampling constituted an unexpected change in circumstances.

The court also granted the inspection order, concluding that the testing would be useful and probative in determining whether the contaminants on the plaintiffs' property originated from the neighbouring property.

An insurer (State Farm) sought to pursue a subrogated claim against fuel oil suppliers for contamination losses.

The central issue was whether the insurer could commence the action in the name of its bankrupt insured or whether it was required to proceed in the name of the trustee in bankruptcy.

The majority held that the insurer's subrogation rights do not create a proprietary interest in the cause of action itself, and that upon the insured's bankruptcy, the cause of action vested in the trustee.

Consequently, the insurer could not commence the action in the name of the undischarged bankrupt but should have proceeded in the trustee's name.

The majority dismissed the action.

A dissent would have remitted the matter to permit the insurer to regularize the action by substituting the trustee as plaintiff.

The plaintiff air freight company brought a motion under Rule 45.02 of the Rules of Civil Procedure seeking an order requiring the defendant sales agents to pay 732,376.72 EUR into court.

The plaintiff argued the funds represented unpaid cargo sales revenues.

The court dismissed the motion, finding that the plaintiff failed to establish a legal right to a specific, readily identifiable fund, as the defendants deposited all monies into a general corporate account without segregation.

The court concluded the plaintiff's claim was essentially for damages and granting the relief would amount to execution before judgment.

The appellants appealed the dismissal of their motion for summary judgment.

The underlying action was a subrogated claim brought by an insurer in the names of the respondents for damages arising from a fuel oil spill.

The appellants argued the action was a nullity because the respondents were undischarged bankrupts when the claim was issued, meaning their causes of action had vested in their Trustees.

The Divisional Court dismissed the appeal, finding that the insurer's subrogation rights crystallized before the husband's assignment in bankruptcy, and the Trustee had disclaimed interest in the insurance claims.

Thus, the insurer was entitled to commence the action in the husband's name.

In a group of related civil proceedings involving multiple plaintiffs and the same defendants, the court considered a request concerning the deadline for filing third party claims.

Following a prior order, the parties jointly sought an extension of time to file all third party claims.

The court granted the request on consent and extended the deadline to September 25, 2015.

The endorsement reflects a procedural timetable adjustment rather than a substantive determination of the underlying claims.

In a group of related civil proceedings involving multiple plaintiffs and the same defendants, the court considered a request concerning the deadline for filing third party claims.

Following a prior order, the parties jointly sought an extension of time to file all third party claims.

The court granted the request on consent and extended the deadline to September 25, 2015.

The endorsement reflects a procedural timetable adjustment rather than a substantive determination of the underlying claims.