Jennifer L. Siemon

The defendants by counterclaim brought motions to strike the plaintiff by counterclaim's pleadings for disclosing no reasonable cause of action.

The underlying dispute involved a loan to a personal injury lawyer whose practice failed due to illness.

The plaintiff by counterclaim alleged that the lender and its counsel breached undertakings and fiduciary duties by failing to take over his practice.

The court struck the counterclaim against the moving parties, finding no facts pleaded to support the alleged causes of action, but granted leave to amend.

The plaintiff brought an action for fraud and misappropriation against a former employee and the operators of a gas station, alleging a scheme to overcharge for fuel.

Both parties brought motions to compel answers to undertakings and refusals from examinations for discovery.

The court ordered both parties to answer specific questions, directed the defendant to re-attend for a brief further examination, and denied the defendants' request to examine a second representative of the plaintiff.

The plaintiff was awarded $3,500 in costs.

The defendant brought a successful motion to stay a 2019 action as an abuse of process and to consolidate it with a 2017 action.

The defendant sought costs on a substantial indemnity basis, citing a Rule 49 offer, the plaintiff's lack of good faith, and uncooperative conduct.

The court declined to award substantial indemnity costs, finding it appropriate to clear the costs slate and apply normal principles.

Costs were awarded to the defendant on a partial indemnity basis in the amount of $70,000.

The minority shareholder of a family company commenced an action for an oppression remedy and asserted a derivative claim without obtaining leave.

The minority shareholder's holding company later commenced an action in debt against the family company.

The defendant in the first action moved to stay the second action as an abuse of process.

The court dismissed the motion to stay, instead ordering the two actions consolidated.

However, the court struck the derivative claim without leave to amend, finding it misconceived, ill-advised, and not brought in good faith.