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Registrar dismissal set aside and broad amendment leave granted in contamination action.
The moving plaintiff sought to set aside a registrar's dismissal for delay and obtain leave to file a substantially expanded amended statement of claim in contamination litigation.
Applying a contextual approach under rule 37.14 and related jurisprudence, the court found the delay had adequate explanation in light of counsel changes, document-production disputes, and evolving contamination evidence.
The court also held the proposed amendments did not plead a new cause of action, and alternatively found limitation issues unsuitable for determination on a pleadings motion.
The dismissal order was set aside, leave to amend was granted subject to limitation defences, costs were fixed against one responding party, and costs as between the plaintiff and the railway were reserved to the trial judge.
Motion to extend time to perfect appeal granted on strict terms requiring a $950,000 letter of credit.
The appellant, Robert Hryniak, brought a motion to extend the time to perfect his appeal from a summary judgment finding he defrauded the respondents.
The respondents opposed and brought cross-motions to lift the stay pending appeal and for security, citing concerns that the appellant was dissipating assets, specifically his matrimonial home.
The Court of Appeal analyzed the test for extending time, including a detailed review of the merits of the appeal concerning the newly amended Rule 20 summary judgment powers.
The Court granted the extension of time but, to prevent prejudice and asset dissipation, imposed strict terms requiring the appellant to post a $950,000 letter of credit and provide an undertaking not to encumber assets.
The respondents' cross-motions were dismissed.
