Geoffrey Robert Cobham

The defendants brought a motion seeking to enforce an arbitration clause, dismiss or stay the action, or alternatively, for summary judgment on limitation period grounds or to determine no cause of action against the individual defendant.

The court dismissed the motion, finding that the defendants had unduly delayed in bringing the motion and that the limitation period for commencing arbitration had not expired when the action was initiated.

The court also determined that the intentional tort claim against the individual defendant fell outside the scope of the arbitration agreement.

The plaintiff, Riva Plumbing Limited, brought a motion to consolidate its action (the "Riva Action") with a wrongful dismissal action brought against it by a former employee, Aleem Aziz (the "Aziz Action").

The court applied the threshold test for consolidation under Rule 6.01(1) of the Rules of Civil Procedure, finding that while there were some common facts, there were no common questions of law or fact of sufficient importance to warrant consolidation.

The court also considered factors such as avoiding multiplicity of proceedings (Courts of Justice Act s. 138) and achieving a just, expeditious, and least expensive determination (Rule 1.04).

It concluded that consolidation would not achieve a just outcome, particularly given the Aziz Action was proceeding under Simplified Rules, which would lose its advantages if consolidated with a complex action.

The motion was dismissed, and costs were awarded to the responding parties.