Michelle Stephenson

The plaintiff brought a motion under Rule 34.10 for the disclosure of documents referenced in an affidavit sworn by a non-party, and to compel answers to questions refused during the non-party's cross-examination.

The requested documents were a subset of those sought in an underlying, pending Rule 30.10 motion for non-party production.

The court dismissed the motion, finding that ordering production at this stage would interfere with the orderly progress of the action, risk inconsistent findings with the pending Rule 30.10 motion, and disturb the fairness of the procedure for seeking non-party productions.

The plaintiff sought to enforce a 2008 Quebec default judgment against the defendants in Ontario.

The defendants raised a two-year limitation period defence under the Limitations Act, 2002.

The plaintiff argued that the action was not prescribed due to acknowledgment of debt, discoverability, or promissory estoppel.

The court found no valid written acknowledgment, rejected the discoverability argument as the plaintiff knew or ought to have known the defendants were domiciled in Ontario and had means to enforce the judgment, and dismissed the promissory estoppel claim due to a lack of evidence of an intention to affect legal relations regarding the limitation period.

The action was dismissed as prescribed, and costs were awarded to the defendants.

The applicant, a charitable non-profit corporation, sought a declaration that a portion of its property leased to a day school was exempt from municipal taxation under paragraph 5 of s. 3(1) of the Assessment Act.

The applicant argued that if it occupied the space itself, it would use it for the relief of the poor, thereby qualifying for the exemption under paragraph 12(iii).

The court dismissed the application, finding that the statutory language requires an objective assessment of the owner's actual nature and operations, not hypothetical future uses, and that the applicant failed to demonstrate it was currently organized and engaged primarily in the relief of the poor or supported by public funds.