Macdonald Allen

The proposed defendant brought a cross-motion to strike paragraphs from an affidavit filed by the plaintiff in support of an unopposed motion to amend its statement of claim.

The moving party argued the paragraphs contained inadmissible hearsay and were scandalous and an abuse of process.

The court dismissed the cross-motion, finding that the statements were not tendered for the truth of their contents but to explain when the plaintiff discovered its claim against the moving party for limitation purposes.

The court also noted that since the amendment motion was unopposed, leaving the affidavit intact would not prejudice the moving party.

The applicants sought compliance with several court orders requiring the respondent bank to produce disclosure, including bank statements in native format and compliance reports.

Following two case conferences, the court found that the respondent had failed to make adequate efforts to comply and offered shifting, implausible explanations for the missing documents.

The court directed the parties to schedule a contempt motion and awarded the applicants their costs of the case conferences in the amount of $11,375.15, noting the respondent's ongoing disregard for court orders.