The appellants appealed an order striking out their Fresh as Amended Statement of Claim and imposing terms on a discontinuing plaintiff.
The appellants abandoned the pleading argument after delivering a revised claim.
The Court of Appeal found the motion judge erred by prematurely requiring the discontinuing plaintiff to deliver an affidavit of documents and submit to discovery before pleadings were closed, setting aside those terms.
The Court also found the motion judge's $45,000 costs award excessive and varied it to $10,000.
