Mannu Chowdhury

NWG Investments Inc. appealed the motion judge's dismissal of its 2014 action for delay, which stemmed from events in 2007-2008.

The motion judge found the delay inordinate, inexcusable, and prejudicial.

NWG challenged only the finding of prejudice.

The Court of Appeal dismissed the appeal, finding no palpable and overriding error in the motion judge's assessment of prejudice, which included factors like document availability, witness relevance, and memory.

The court reiterated the plaintiff's obligation to move an action expeditiously and rejected the argument that the decision rewarded defendants for "lying in the weeds."

This decision addresses a motion for leave to intervene in an appeal concerning a s. 15 Charter challenge to COVID-19 benefit programs.

The Canadian Civil Liberties Association (CCLA) and the Income Security Advocacy Centre (ISAC) sought leave to intervene as friends of the court.

The appellant consented to both interventions, while the respondent opposed ISAC's motion.

The court granted both motions, finding that both interveners would provide unique and useful contributions, particularly on issues of remedy, retroactive application of invalidity declarations, and the application of substantive equality analysis in the context of disability and income security programs.

The defendants brought a motion to dismiss the plaintiff's $1.2 billion action for delay under Rule 24.01 of the Rules of Civil Procedure.

The action, alleging fraudulent and negligent misrepresentation regarding a 2007 mining transaction, was commenced in Ontario in 2014 but remained at the pleadings stage.

The court found the delay of over eight years to be inordinate and inexcusable, rejecting the plaintiff's explanations regarding replacement of counsel, the pandemic, and health issues.

The court concluded that the delay caused actual prejudice to the defendants due to faded memories, the death of a key witness, and the potential loss of documentary evidence, thereby risking a fair trial.

The action was dismissed.

The Law Society of Ontario (LSO) brought an application for an interlocutory injunction to prevent Metrolinx from removing mature trees and commencing construction of a subway station on the historic Osgoode Hall site.

The LSO argued that Metrolinx's actions required municipal approval under s. 33(1) of the Ontario Heritage Act.

The court dismissed the application, finding no serious issue to be tried because s. 33(1) does not apply to neighboring property owners or to prescribed public bodies like Metrolinx, which are governed by a separate statutory regime.

The court also found that the balance of convenience favoured allowing the critical public transit project to proceed.