Maya M. Kanani

The defendants brought a motion to dismiss the action for delay.

The plaintiff, Alma Cherry, requested an adjournment due to health issues and the volume of materials recently served on her.

The court granted the adjournment, scheduling the motion for December 1, 2025, and directed the defendants not to serve any further materials on Ms. Cherry before the motion.

The court clarified that related proceedings involving Ms. Cherry and Novex Insurance Company would not affect the timing of the present motion.

The appellant, Marnie Affleck, appealed the dismissal of her claim for negligent infliction of nervous shock and defamation against Sunrise Senior Living, Inc., Sunrise of Erin Mills, and several individuals.

The Court of Appeal upheld the trial judge’s findings, agreeing that the respondents’ actions were reasonable and that the defamation claim was not pleaded with sufficient specificity.

The court also found no error in the trial judge’s factual findings or costs award, and dismissed the appeal with costs.

The plaintiff, Alma Cherry, brought a motion to dismiss third-party claims for delay.

The motion, previously adjourned at her request, was scheduled peremptorily for April 8, 2025.

On the hearing date, Cherry again sought an adjournment, citing complaints about opposing counsel and requests for further discovery materials.

The court authorized her to obtain an audio recording of the discovery, provided all counsel receive a copy before it is used in court.

The court explained that further requests regarding discovery refusals or document production must be brought by motion before the Associate Justices.

The court set deadlines for all parties regarding upcoming motions and adjourned Cherry’s motion to April 13, 2026, making clear that this would not affect the defendants’ right to proceed with their own motions.

The plaintiff, Marnie Affleck, sued Sunrise Senior Living, Inc., Sunrise of Erin Mills, Jennifer Seehra, and Elisabette Garcia for negligent infliction of nervous shock and defamation, seeking substantial damages.

The claims against her sister and father's estate were dismissed earlier.

The plaintiff, self-represented, alleged that the defendants unreasonably impeded her ability to see her mother, a resident at Sunrise, causing her trauma and injuries.

The court found that the defendants' actions were reasonable and justified, taken to protect the mother from financial and emotional abuse by the plaintiff, and to maintain a safe environment for staff and other residents.

The court also found the plaintiff's evidence lacked credibility and medical support for her alleged injuries.

The claims for negligent infliction of nervous shock and defamation were dismissed.

The court awarded substantial indemnity costs of $330,000 to the defendants due to the plaintiff's unreasonable conduct and lack of preparation.

The defendant, Mercedes-Benz (Thornhill), brought a motion seeking to set aside a costs order obtained by the plaintiff without proper notice, to dismiss the plaintiff's action for delay, and to establish a litigation timetable.

The plaintiff's counsel failed to appear at the hearing despite requesting an oral argument.

The court found that the plaintiff's counsel engaged in "sharp practice" by obtaining the costs order without proper notice and by misrepresenting the defendant's position.

The court set aside the costs order, imposed a detailed timetable for the action, and ordered the plaintiff's counsel to personally pay costs of $3,500 to the defendant due to his inappropriate conduct and failure to appear.