The decision concerns a motion by Saad Aljabri and related parties for leave to issue a counterclaim in a complex civil action.
The court dismissed the motion, finding that the proposed counterclaim for abuse of process and conspiracy was statute-barred under Ontario law, and that the applicants failed to prove that Saudi law applied or that any exception to the limitation period existed.
The court also found that the proposed claims for declaratory relief against additional parties were not supported by a tenable cause of action.
The risk of prejudice to the plaintiffs, including loss of the scheduled trial date and increased costs, further supported dismissal.
