J. Hewlett

The plaintiff brought a motion for leave to amend its statement of claim and to compel answers to refusals from the defendant's examination for discovery in an action for repayment of disability benefits.

The defendant opposed the amendments, arguing they were barred by s. 36(3) of the Regulated Health Professions Act, 1991.

The court granted leave to amend, finding the amendments pleaded underlying facts rather than prohibited records.

The court also ordered the defendant to answer the refused questions regarding CPSO proceedings, financial records, and other litigation, with minor limitations.

The defendants brought a motion to set aside their noting in default in an action for breach of a loan agreement.

The court found serious issues with the service of the statement of claim, noted the plaintiff's failure to seek an order for substituted service, and observed that the plaintiff precipitously noted the personal defendant in default shortly after indicating a willingness to consider an indulgence.

Applying the test from Intact v Kisel, the court exercised its discretion to set aside the noting in default and granted the defendants leave to deliver a statement of defence.