John Sedrak

The defendants successfully moved to set aside a noting in default and compel particulars.

The court awarded substantial indemnity costs against the plaintiffs and their counsel personally due to the counsel's unprofessional conduct, including sharp practice, failure to communicate, and abuse of court process.

The decision highlights the importance of civility and adherence to professional conduct rules.

The applicant filed an Application alleging the respondent contravened a previous settlement under s. 45.9(3) of the Human Rights Code.

At the hearing, the respondent's counsel requested an adjournment, claiming he had not received documents indicating the hearing would involve evidence and was therefore unprepared.

The Tribunal found it possible the respondent had not received proper notice and granted the adjournment to ensure fairness, setting peremptory dates and imposing conditions on the respondent regarding document disclosure and contact information.