Jeffrey Mitchell

The plaintiff's lawyer of record passed away, and his firm brought a motion to be removed from the record and for a charging order.

The motion was adjourned because adverse parties raised concerns about the plaintiff's capacity.

The court reviewed the legal framework for appointing a litigation guardian and ordering a capacity assessment under the Rules of Civil Procedure and the Courts of Justice Act.

The court directed the parties to consult and establish a framework to address the plaintiff's capacity before proceeding with the motion.

The plaintiffs brought a motion to compel the defendant's representative to answer a refused question from an examination for discovery.

The underlying action involved allegations of negligent repair of an ATV.

The refused question asked the representative to agree that if the threads on the axle were intact, the only way the tire could come off was if the cotter pin was missing.

The court dismissed the motion, finding that the question improperly sought an expert opinion on a hypothetical matter from a layperson.

The defendants sought leave to appeal an interlocutory injunction that enforced a non-competition clause and prevented the individual defendant from working for the corporate defendant for six weeks.

The court dismissed the application for leave to appeal, finding no conflicting decisions and no reason to doubt the correctness of the motions judge's application of the RJR-Macdonald test.

The court also noted that the non-competition period had already expired, rendering the matter largely moot and not of public importance.