Donald J. Dacquisto

The appellant appealed the dismissal of his third party claim for delay.

The third party, a dissolved corporation, had successfully moved to dismiss the claim arising from a 1990 oil spill.

The Court of Appeal held that under section 242(1) of the Business Corporations Act, a dissolved corporation has the capacity to defend an action and bring a motion to dismiss without first being revived.

The Court also upheld the motion judge's finding that the appellant's delay was inordinate, inexcusable, and caused presumed and actual prejudice to the respondent.

The appeal was dismissed.

The plaintiffs in a motor vehicle negligence action brought a motion to strike portions of the statement of defence on the basis that it failed to plead material facts regarding damages as required by the Rules of Civil Procedure.

They also sought an order requiring the defendant to answer a list of written discovery questions.

The court held that the impugned pleadings sufficiently set out material facts relating to damages, particularly given that the defendant would not yet possess detailed knowledge of the plaintiff’s medical condition.

The court further found that the proposed written discovery questions constituted an improper and excessive use of the discovery process.

The motion was dismissed in its entirety.