Katherine Badenoch

The applicant father brought a motion for summary judgment to set aside a separation agreement signed in 2019, arguing fraudulent misrepresentation, lack of consensus, and that the agreement was a sham.

Under the agreement, the applicant transferred his interest in the matrimonial home to the respondent.

The court found no evidence to support the applicant's claims and held that the agreement was valid and enforceable.

The motion to set aside the separation agreement was dismissed.

The plaintiff, injured while a passenger on a bus, brought a motion to strike the jury notice due to COVID-19 delays and to permit witnesses to testify virtually.

The defendants brought a cross-motion to amend their Statement of Defence to allege contributory negligence and failure to mitigate.

The court granted the defendants' motion to amend, finding the proposed amendments legally tenable.

The court dismissed the plaintiff's motion to strike the jury notice at this time, noting the availability of jury trial facilities in Toronto and the substantive right to a jury, but adjourned the trial.

The court granted the request to allow witnesses to testify by video conference, subject to notice requirements.