Malika Grewal

The plaintiff brought a motion to set aside the registrar's dismissal of his wrongful dismissal action, which was commenced in 2015 and dismissed for delay in 2024.

The court applied the four-part test for setting aside a dismissal order and found that the plaintiff failed to provide a satisfactory explanation for the initial six years of delay.

Furthermore, the plaintiff failed to rebut the presumption of prejudice, as the defendant's key witness had become medically unable to testify.

The motion was dismissed, and the action remained dismissed.

The defendant property owner moved under the Construction Act to vacate and discharge a construction lien and certificate of action registered by a subcontractor against the subject property.

The subcontractor had performed window installation work on a condominium project and claimed its last supply date was March 14, 2025, when a worker attended the property to replace a glass pane broken during insulation removal by another party.

The court found that the subcontractor's substantive work had been completed before February 2025, that the March 2025 attendance was minor remedial repair work that did not constitute a lienable supply extending the preservation period, and that the lien was therefore registered outside the mandatory 60-day window.

The motion was granted and the lien and certificate of action were discharged and vacated, with costs of $4,000 awarded to the moving party.

The appellants, a wife and a family company, appealed a partial determination of competing applications regarding the company's share structure and the beneficial ownership of a property.

The Court of Appeal allowed the appeal, finding the application judge made palpable and overriding errors by failing to consider relevant evidence, including the company accountant's testimony regarding the share structure, and by failing to address the presumption of resulting trust regarding the property.

The matter was remitted to the Superior Court for a rehearing before a different judge.