J. Gilmore

The plaintiffs brought a motion to extend the time for service of their Statement of Claim against the defendant for damages arising from an alleged arson.

The claim was served three months after the six-month deadline under Rule 14.08(1).

The court found the delay was minor, explained by the plaintiffs waiting for the conclusion of related criminal proceedings, and did not cause non-compensable prejudice to the defendant.

The motion was granted, time for service was extended, and service was validated.

Following the dismissal of the applicant's motion to remain in the home she occupied with the deceased, the respondent sought costs of $40,681.76 on a partial indemnity basis.

The court found there was divided success, as the applicant had obtained some relief on consent and in a prior appearance.

Considering the narrow scope of the issue, the respondent's unnecessary landlord and tenant proceeding, and the applicant's financial circumstances, the court awarded the respondent reduced costs of $4,000, deferred until after the sale of an estate property.

The applicant sought an interim order to continue residing in a property following the death of her common-law spouse, pending a trial of an issue regarding the estate's potential interest in the property.

The court dismissed the application, finding that the estate did not have a vested interest in the property, which was owned by a third party (the deceased's brother).

The court lacked jurisdiction under the Succession Law Reform Act to grant exclusive possession of property not owned by the estate.

The applicant was ordered to vacate the property by a specified date, with interim directions regarding expenses remaining in effect until then.