Michael B. Lesage

The respondent tennis club brought a Request for Order During Proceedings to strike portions of the applicant's Reply, arguing it contained new allegations of condoning discrimination and failing to protect the applicant, and that these allegations were out of time.

The Tribunal denied the request to strike, finding the allegations were already raised in the initial Application.

The Tribunal deferred the request to dismiss the allegations for delay to the hearing, noting the evidence would be relevant to the reprisal claim in any event.

The plaintiff bank brought a motion for summary judgment against two guarantors of a commercial loan after the borrowers defaulted.

The guarantors raised numerous defences, including alleged inducement, alleged oral representations that the guarantee would be removed after certain payments, discovery complaints, and arguments relating to receivership proceedings and an alleged forbearance agreement.

The court held that none of the defences raised a genuine issue requiring a trial and that the plaintiff had established its claim on a balance of probabilities.

Applying the principles from Hryniak v. Mauldin, the court concluded that summary judgment was appropriate and granted judgment against the guarantors for their 30% liability under the guarantee together with contractual interest.

Costs were awarded to the plaintiff.

The litigation guardian for a minor plaintiff brought a motion seeking to be replaced by the Office of the Children’s Lawyer as litigation guardian.

The moving party argued that the potential costs consequences of an upcoming summary judgment motion created a conflict of interest and justified the substitution.

The court held that concern over possible personal costs liability did not constitute an adverse interest within the meaning of the Rules of Civil Procedure.

The court further emphasized that the Children’s Lawyer is a litigation guardian of last resort and should not replace a capable and financially able parent absent evidence of true conflict or inability to act.

The motion was dismissed.