Jeffrey W. Tighe

The plaintiff requested a case conference to resolve a scheduling dispute for a mandatory mediation.

The mediator offered dates in late November, but the third party's counsel was only available starting December 11.

The court expressed exasperation at the parties' inability to resolve a two-week scheduling difference, directing them to agree to the December 11 date or face a case conference where a date would be summarily set and costs submissions heard.

The plaintiff trustee appealed an order of a Master granting a defendant leave to amend his statement of defence and assert a crossclaim against a co‑defendant following amendments to the statement of claim.

The appellant also sought leave to appeal out of time due to counsel’s inadvertence in missing the filing deadline.

The court granted the extension of time but dismissed the appeal on the merits.

Applying Rule 26.01 of the Rules of Civil Procedure, the court held that amendments to pleadings should be permitted unless non‑compensable prejudice arises, and that alleged prejudice based on the potential success of a defence does not qualify.

The court further held that any limitation issue concerning the crossclaim was a matter for the co‑defendant and not the plaintiff.