McGraw

The defendants sought costs following their successful motion to compel the plaintiff to attend orthopaedic and psychiatric assessments.

The plaintiff opposed the costs, arguing the defendants' counsel delayed serving motion materials.

The court found no reason to depart from the general rule that the successful party is entitled to costs, noting the plaintiff opposed any examination, even virtual ones.

The court fixed costs payable to the defendants at $7,000 on a partial indemnity scale.

The plaintiff brought a motion to compel answers to refusals arising from cross-examinations on affidavits filed by the defendant in support of her pending anti-SLAPP motion.

The underlying action involves claims of defamation and misfeasance in public office against a municipal councillor.

The court applied the test for relevance on a motion, balancing the scope of the anti-SLAPP motion with the principle of proportionality.

The court ordered the defendant to answer certain narrowed questions regarding her communications with third parties and the police, but dismissed overbroad requests and upheld solicitor-client privilege regarding a non-party lawyer's communications.

The plaintiff brought a motion to set aside a second order of the Registrar dismissing the action for delay.

The delay was primarily caused by the inadvertence of the plaintiff's former counsel and his staff in failing to schedule discoveries and extend the set down date.

Applying the four-part Reid test, the court found that the plaintiff provided a reasonable explanation for the delay, demonstrated an intention to proceed, moved promptly to set aside the order, and that the defendants would suffer no actual prejudice.

The motion was granted and the dismissal order was set aside.

The self-represented plaintiff brought a motion to compel the defendants to deliver a further and better Affidavit of Documents in a breach of contract action.

Success on the motion was divided, with the defendants ordered to make further inquiries and produce certain documents, while other requests were deferred to examinations for discovery.

The plaintiff sought costs of $4,039.56 for disbursements, while the defendants argued costs should be reserved.

The court concluded that given the divided success and early stage of the proceedings, costs of the motion should be in the cause and reserved to the trial judge.

The self-represented plaintiff brought a motion for leave to amend her Statement of Claim to add the Crown and various provincial ministries as defendants, and to make related amendments alleging misfeasance, conspiracy, and Charter breaches arising from the mistaken transfer of her vehicle's ownership and detachment of her license plate.

The court dismissed the motion, finding that the proposed amended claim lacked the heightened particularity required for serious allegations like conspiracy and misfeasance, and improperly named individual ministries rather than the Crown.

The dismissal was without prejudice to the plaintiff's right to deliver a re-drafted Fresh As Amended Statement of Claim within 30 days.

The defendants brought a motion under section 47 of the Construction Lien Act to discharge the plaintiff's claim for lien, arguing it was registered out of time.

The defendants claimed the plaintiff abandoned the contract more than 45 days before registering the lien, relying on photographs showing the plaintiff's equipment had been removed.

The court dismissed the motion, finding that the date of abandonment and completion were triable issues requiring findings of fact and credibility that could not be resolved on a documentary record.