Marc Chaput

The self-represented applicants brought a motion for an extension of time to appeal a reconsideration decision of the Licence Appeal Tribunal regarding accident benefits.

The respondent opposed the motion, arguing the applicants had a history of vexatious litigation and the appeal was devoid of merit.

The court granted the extension, finding the 12-day delay was not lengthy, the applicants had a bona fide intention to appeal, and the proposed ground of reasonable apprehension of bias was not utterly devoid of merit.

The extension was granted subject to strict terms, including case management, to address the respondent's concerns about the applicants' litigation conduct.

In a personal injury action arising from a motor vehicle accident, the parties brought motions and cross-motions to resolve outstanding undertakings, refusals, and a proposed pleading amendment.

The court denied the defendant's request for the plaintiff's CAS and medical records, noting the plaintiff limited her Family Law Act claim.

The court ordered the defendant to produce MTO records and witness contact information but denied the request for the deceased defendant's medical records.

Finally, the court granted the defendant Estate leave to amend its statement of defence to plead plene administravit, protecting the estate trustees from personal liability, without requiring further discovery.

The appellants, judgment creditors of 798839 Ontario Limited (39), appealed a summary judgment decision.

The original motion judge found that 39 had not satisfied the contractual prerequisites to acquire an interest in a mining development, specifically by failing to expend the required funds on the specified property, with a portion diverted to another project.

The Court of Appeal dismissed the appeal, affirming the motion judge's interpretation of the contract and finding no error in her consideration of the factual matrix.

The court emphasized that contractual interpretation must primarily rely on the plain language of the agreement and that surrounding circumstances should not overwhelm the text or create a new agreement.