3 total
Leave to amend medical malpractice claim partially granted; statute-barred wrongful death allegations and inflammatory language struck.
The plaintiffs in a medical malpractice action sought leave to amend their Statement of Claim for a fourth time.
The defendant physicians opposed several amendments, arguing they introduced new statute-barred claims for wrongful death and spoliation of evidence, added new allegations based on unpleaded facts, and impermissibly withdrew prior admissions.
The court allowed most of the amendments, finding they merely particularized the existing factual matrix, but struck specific sentences that implicitly advanced a statute-barred wrongful death claim, contained inflammatory language, or pleaded immaterial legal conclusions regarding non-delegable duties.
Motion by applicant's solicitors to be removed from the record granted due to relationship breakdown.
The solicitors for the applicant brought a motion to be removed from the record.
The applicant requested a last-minute adjournment by email, citing the need to retain new counsel and obtain its file from the moving solicitors.
The court denied the adjournment, noting the applicant had sufficient time to address these issues since being served with the motion materials.
Finding that the solicitor-client relationship had broken down and there was no prejudice to the respondent or imminent hearing date, the court granted the motion to remove the solicitors from the record.
No costs were awarded.
Franchisor's injunction to stop royalty strike denied for lack of irreparable harm; action stayed for arbitration.
The applicant franchisor sought an interlocutory injunction to compel respondent franchisees to pay withheld royalty and advertising fees.
The franchisees had commenced a 'royalty strike' to gain leverage in contract negotiations following the franchisor's acquisition of the franchise system out of bankruptcy.
The court found a serious issue to be tried but dismissed the injunction motion because the franchisor failed to prove irreparable harm and failed to provide an adequate undertaking as to damages.
The court granted the franchisees' cross-motion to appoint an arbitrator and stay the action pursuant to the arbitration clause in the franchise agreements.
