The defendant, Ontario, brought a motion to defer filing its statement of defence in a proposed class proceeding concerning the alleged maltreatment of inmates at the Maplehurst Correctional Centre.
Ontario argued that exceptional circumstances existed, including the need to await an appellate decision in a related criminal matter and to investigate recent amendments to the statement of claim.
The court dismissed the motion, finding that the circumstances were not exceptional and that requiring the statement of defence would advance the litigation, frame the issues for certification, and serve the public interest in timely justice.
