Helen M. Pierce

The defendant and third party sought an order bifurcating the trial of the main action and the third party claim arising from a construction tender dispute relating to baggage handling infrastructure at an airport.

The plaintiff opposed the motion, arguing that the rules presume the main action and third party claim will be tried together and that the factual issues overlap.

The court held that the moving parties had not sought leave to bring the motion after the action had been set down for trial, which alone justified dismissal.

The court further found that the claims shared common factual underpinnings concerning the tendering process and that bifurcation would create inefficiencies and risk inconsistent findings.

The motion to try the third party claim separately was dismissed.

The accused faced multiple historical sexual assault charges and brought a motion seeking a stay of proceedings under ss. 7 and 11(b) of the Charter based on delay.

The parties sought directions on whether the stay application should be argued before trial or during the jury trial.

The court held that, absent unusual circumstances, motions for a stay based on unreasonable delay should generally be heard prior to trial.

Because the defence relied on an inference of prejudice and there was an adequate evidentiary record, the court directed that the Charter motion be argued in advance of trial.

The moving party brought a motion to vary an order requiring payment of $800 per month in spousal support to the former spouse, alleging an inability to pay due to reduced business income and financial shortfall.

The responding party disputed the alleged decline in income and pointed to employment income, corporate income, and rental income.

The court held that the moving party failed to establish a material change in circumstances since the original order.

Evidence showed the moving party’s income had actually increased due to teaching income and anticipated rental income.

The court emphasized that a motion to vary cannot be used as a substitute for an appeal and dismissed the motion.