Elen Gasparyan

The appellant, Janice Antonio, Executrix of The Estate of Inez Antonio, appealed a discretionary decision of an Associate Justice to extend the time to set the action down for trial under rule 48.14 of the Rules of Civil Procedure.

The court found that the Associate Justice correctly identified and applied the legal test, considered the relevant evidence, and exercised discretion appropriately.

The appeal was dismissed, and costs were awarded to the respondents.

The court considered whether to convert an application regarding the enforcement of promissory notes and a shareholder loan between family members and a family business into an action.

The applicant, Hossein Jalilnattajamiri, sought payment under two promissory notes from the respondents, Mahmoud Jalilnattajamiri and Fouka Furniture Inc. The respondents alleged misrepresentation and mismanagement by the applicant, raising complex factual and credibility issues.

The court found that the matter required a full trial due to the complexity and conflicting evidence, and ordered the application be converted to an action.

The plaintiffs brought a motion for a status hearing to extend the time to set down a 2016 action for trial and to timetable remaining litigation steps, arguing an acceptable explanation for delay and no non-compensable prejudice to the defendants.

The defendants, including Inez Antonio and the Nialund defendants (Gore Mutual Insurance Company and Nialund Properties Limited), opposed the motion, with Inez Antonio bringing a cross-motion to dismiss for delay.

The court granted the plaintiffs' motion, finding their explanation for delay adequate and the defendants' assertions of prejudice unsupported, noting the defendants' passivity in the litigation.

The cross-motion was dismissed.