Marc Guy Sauvé

The plaintiffs sought a six-month extension to serve their statement of claim on the defendant surgeon, Dr. Sasha Carsen, to obtain an expert opinion before proceeding.

The motion was brought before the original service deadline.

The court dismissed the motion, finding that extensions should not generally be granted solely to investigate the merits of a claim when the defendant has no knowledge of the action, as this constitutes prejudice.

The court noted that the COVID-19 emergency order had already suspended time limits, providing the plaintiffs with an automatic extension.

A financial advisor sued his former business associate and the associate’s corporation for breach of contract following termination of their business arrangement.

The defendants alleged that the advisor breached an exclusivity clause by selling investment products of a competing financial institution outside the agreed distribution structure and brought a counterclaim for damages.

The court found that the advisor had violated the contractual clause prohibiting the transfer of business outside the firm and had also breached fiduciary obligations.

The defendants were therefore entitled to terminate the contract.

However, the counterclaim was dismissed as statute‑barred under the Limitations Act, 2002 because it was commenced outside the applicable limitation period.