Marcus Knapp

The insurer for an insolvent corporate defendant and a missing individual defendant brought a motion on short notice to intervene and appoint a litigation guardian.

The plaintiffs, who had been preparing to argue their motion for leave to proceed with a secondary market cause of action under the Securities Act, sought an adjournment due to the late service of the insurer's motion record.

The court adjourned the insurer's motion to allow the plaintiffs to respond, and consequently adjourned the plaintiffs' leave motion, as the outcome of the insurer's motion could significantly alter the defense.

The appellant appealed an order striking her statement of claim against a defendant law firm.

The respondent conceded the motion judge erred in concluding the claim did not plead a cause of action, as the claim pleaded 'knowing assistance' in fraud and breach of fiduciary duty.

The Court of Appeal allowed the appeal, set aside the motion judge's order, and granted the appellant leave to amend the statement of claim to provide sufficient particulars regarding the law firm's actual knowledge of the trust and participation in the breach.

The defendants appealed a Small Claims Court decision awarding the plaintiff $10,000 for unpaid overtime.

The sole issue on appeal was whether the trial judge unreasonably refused the defendants' request for an adjournment.

The Divisional Court found that the defendants had ample time to prepare and move for a sealing order prior to trial, and failed to provide medical evidence supporting the individual defendant's absence.

The appeal was dismissed, as the defendants failed to establish a basis to overturn the trial judge's discretionary refusal of the adjournment.