George Brendan Callahan

The defendant Gregory Carter brought a motion for summary judgment to dismiss the action against him, primarily relying on expert witness immunity.

The plaintiff Rory Sheehan had sued Carter for a report prepared for his ex-wife's family law proceedings, alleging issues with Carter's qualifications as a Psychological Associate and his out-of-court statements regarding his credentials.

The court found that Carter's role as an expert witness, including his report and related out-of-court communications about his qualifications, fell within the scope of absolute expert witness immunity.

The court also noted serious causation and damages issues for the plaintiff.

The motion for summary judgment was granted, dismissing the action against Gregory Carter.

The appellant sought leave to bring a motion to enforce an alleged settlement agreement, which was required under a previous court order.

The motion judge denied leave, finding the appellant had shown a flagrant and persistent disregard for prior court orders, including failing to give the respondent exclusive possession of four properties.

The Court of Appeal dismissed the appeal, finding no basis to interfere with the motion judge's discretionary order, especially given conflicting evidence on whether a binding settlement agreement had been reached.

The appellants appealed a trial judgment dismissing their claim.

The Court of Appeal upheld the trial judge's finding that there was no special relationship between the parties, as this conclusion was fully supported by the evidence.

The appeal was dismissed with costs awarded to the respondents.

The appellant appealed an order striking his pleading for unreasonable disclosure in a family law proceeding.

The Court of Appeal declined to interfere with the motion judge's finding and exercise of discretion.

However, the Court amended the order to clarify that the appellant has the right to move to set aside the default by demonstrating that his disclosure efforts justify reinstating his pleadings.

The appeal was otherwise dismissed with costs.