Lillianne Francis Cadieux-Shaw

This decision addresses the costs of a motion brought by the defendants to strike, stay, or dismiss a tort action, which was dismissed by the court.

The plaintiff sought costs on a substantial indemnity basis, while the defendants requested partial indemnity or no costs, arguing for divided success.

The court awarded the plaintiff partial indemnity costs of $36,665.22, all-inclusive, finding no divided success and deeming the plaintiff's costs reasonable.

The moving party sought a panel review of a prior order by Pardu J.A. that dismissed her motion to set aside a Registrar's order dismissing her appeal for delay and to extend time to perfect the appeal.

The Court of Appeal dismissed the review motion, finding no error in the motion judge's assessment of the moving party's delay or the lack of merit in the underlying appeal.

The appellant/moving party sought to review a previous order granting security for costs and motion costs.

The Court of Appeal dismissed the review motion, finding no reversible error in the original decision.

The moving party was ordered to post security for costs and pay specified motion costs within 30 days, failing which her further review motion would be automatically dismissed by the Registrar.

This endorsement clarifies a previous order dated October 15, 2021, due to disputes and uncertainty raised by the respondents regarding rental arrears, utilities, and obligations concerning a fence.

The court confirmed its original interpretation of the rental abatement period (November 2020 to February 2021), upheld the previously ordered amounts for utilities and BIA, and reaffirmed its decision on the fence, granting the respondents an extension to provide a modified design.

The appellant, Dr. Mistry, appealed an Associate Justice's order that granted a motion to add him and Dr. Karmali-Rawji as defendants in a medical malpractice action.

The core issue was whether the claim against Dr. Mistry for delayed diagnosis and failure to refer was statute-barred under the Limitations Act, 2002.

The Master had found the claim was discovered in May 2017 when the plaintiff's counsel reviewed medical records, thus the limitation period had not expired.

Dr. Mistry argued the claim was discoverable earlier, by February 2015.

The court dismissed the appeal, finding no palpable and overriding error in the Master's decision.

It affirmed that the plaintiff, an unsophisticated litigant, and his counsel could not have drawn a plausible inference of liability against Dr. Mistry without the new information from the full medical records, which revealed the spinal lesion was diagnosable earlier.

The appellant, Elisa Romero Hategan, moved to set aside the Registrar's dismissal of her appeal and for an extension of time to perfect it.

The underlying appeal was from a summary judgment that dismissed Hategan's claims (wrongful appropriation of personality, civil conspiracy, injurious falsehood, negligence, unlawful interference with economic interests) and awarded damages for defamation against her, along with a permanent injunction.

The Court of Appeal considered the factors for extending time to perfect an appeal, including the length of delay, explanation for delay, prejudice to respondents, and merits of the appeal.

The court found the appellant's delay unreasonable and the appeal to have little or no merit, as her original claims lacked evidentiary support for false statements and the defamation counterclaim was well-founded.

The motion to set aside the dismissal and extend time was dismissed.