Glenn Bogue

The appellant was struck by a vehicle while crossing the street and sued the driver.

Years later, after retaining new counsel, she moved to add the City of Kitchener and the Regional Municipality of Waterloo as defendants, alleging the crosswalk's design contributed to the accident.

The motion judge dismissed the motion as statute-barred, finding the appellant ought to have discovered the claim earlier.

The Court of Appeal upheld the dismissal, noting the appellant failed to provide evidence explaining why the claim could not have been discovered with reasonable diligence before the limitation period expired.

However, the Court allowed the appeal on costs, reducing the motion judge's substantial indemnity costs award.

The appellant sought a review of a single judge's order dismissing a motion for bail and refusing to expedite an appeal in a habeas corpus proceeding.

The appellant had since been released on bail, rendering the habeas corpus proceeding moot.

The appellant also sought to have outstanding criminal charges dismissed due to alleged improper solitary confinement, which the court noted was a matter for the trial court.

The Court of Appeal dismissed the motion to review and dismissed the underlying appeal as moot.

The plaintiff moved to set aside a registrar's order dismissing his solicitor negligence action for delay and sought leave to amend his statement of claim to add his former lawyer and law firm as defendants.

The court dismissed the motion to set aside the dismissal, finding the plaintiff failed to adequately explain the delay, failed to prove inadvertence, and failed to rebut the presumption of prejudice to the defendant.

The court also dismissed the motion to add the former lawyer as a defendant, concluding that the proposed claims were either untenable or barred by the two-year limitation period under the Limitations Act, 2002.

The plaintiff moved to set aside a registrar's order dismissing his professional negligence action for delay and sought leave to amend his statement of claim to add his former lawyers as defendants.

The court dismissed the motion to set aside the dismissal, finding the plaintiff made a deliberate decision not to pursue the litigation and failed to rebut the presumption of prejudice.

The court also dismissed the motion to add the former lawyers as defendants, concluding that the proposed claims were either statute-barred under the Limitations Act, 2002 or legally untenable.