The plaintiff brought motions seeking extensions of time to serve a notice of action and statement of claim, contempt findings against the defendants for breaching a prior cease‑and‑desist order, and a stay of related Small Claims Court proceedings.
The defendants cross‑moved seeking dismissal of the action, contempt findings against the plaintiff and counsel for filing an affidavit signed by counsel rather than the deponent, and orders removing corporate defendants.
The court granted the plaintiff leave to file and serve the statement of claim out of time and set aside a registrar’s dismissal notice but refused to stay the Small Claims Court action or find the defendants in contempt.
The court criticized both parties’ conduct, including the improper commissioning of an affidavit, but declined to strike the action or make contempt findings.
Costs were denied to both sides due to their litigation conduct.
