Melanie A. Warner

Following the dismissal of the plaintiff's appeal, the parties sought directions regarding costs of prior appearances and the plaintiff's request for free transcripts for a motion for leave to appeal.

The court set a timetable for the defendant to make submissions on costs for prior appearances, noting the plaintiff's limited means.

The court denied the plaintiff's request for free transcripts at public expense, finding that transcripts of oral argument are not necessary for a motion for leave to appeal under the Rules of Civil Procedure.

The plaintiff appealed a Master's decision dismissing her motion to amend her statement of claim to add new claims and defendants in a wrongful dismissal action.

She argued that the limitation period for the new claims was suspended due to her mental illness constituting a legal disability.

The Divisional Court upheld the Master's finding that while the plaintiff suffered from a severe mental illness, it did not render her legally disabled or unable to appreciate her cause of action.

The court also dismissed motions to adduce fresh evidence and upheld the Master's rulings on undertakings and refusals.

The appeal was dismissed with costs.

The appellant in a wrongful dismissal action sought to review a single Divisional Court judge's order dismissing her motion to admit fresh evidence on her pending appeal from a Master's order.

The Master had refused to allow amendments to the statement of claim, finding the limitation period had expired and rejecting the appellant's argument that she was incapable due to mental health issues.

The Divisional Court panel held that the motion judge made a palpable and overriding error by applying the Palmer test to reject the fresh evidence before the appeal was heard on its merits.

The panel set aside the order, directing that the admissibility of the fresh evidence be determined by the judge hearing the appeal.