Donald F. Morris

The defendants brought motions for leave to appeal an interlocutory decision that dismissed their Rule 21 motions to strike the plaintiffs' statement of claim.

The plaintiffs, including a former RCMP member, claimed damages for harassment, assault, and sexual assault.

The defendants argued the claims were barred by section 9 of the Crown Liability and Proceedings Act because the plaintiff received a pension for PTSD.

The court refused leave to appeal, finding no conflicting case law on the principles for striking pleadings and no good reason to doubt the motion judge's conclusion that it was not plain and obvious the entire claim was barred.

Following prior reasons for judgment on a summary judgment motion limited to the issue of possession, the court convened to settle the form of order and address case management issues.

The court clarified that the plaintiff’s claim relating to contaminated soil and debris had not been dismissed and ordered that the reference in the draft order suggesting otherwise be deleted.

The plaintiff was directed to serve an amended statement of claim clearly articulating the causes of action, material facts, and relief sought against each defendant, with corresponding timelines for amended defences and related pleadings.

The court also scheduled completion of remaining discoveries, struck the jury notice by consent, adjourned the previously scheduled trial date, and set a new trial date.

A mortgagee brought a motion for summary judgment seeking a writ of possession of a farm property following the mortgagor’s default under a second mortgage.

The mortgagor opposed the motion, asserting equitable set‑off based on alleged misrepresentations regarding a wood furnace and environmental contamination on the property.

The court held that the mortgagor failed to provide sufficient evidence to support the contamination claim or establish a triable issue preventing possession.

However, the court found the furnace claim had potential merit and structured an interim remedy allowing the mortgagor time to pay part of the mortgage principal to delay enforcement pending trial.

Conditional orders were issued governing possession, payment into court, and scheduling of discoveries and trial.