The respondent brought a motion seeking to set aside a Registrar's Order to Continue, dismiss the application for delay, dismiss the application against the Estate of Nova Joseph Maille and Concentra Trust as Estate Trustee, and appoint an alternative Estate Trustee during litigation.
The motion was dismissed due to the absence of supporting evidence.
The respondent failed to file any affidavit in support of the motion and relied instead on privileged settlement materials and arguments protesting the contents of affidavits filed by other parties without evidentiary foundation.
The court found the motion ill-fated on its merits and ordered the respondent to pay costs to the applicants and the Estate.
