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The defendants' motion to strike pleadings was dismissed under the fresh step rule because they had already filed a statement of defence.
The defendants brought a motion to strike certain paragraphs from the plaintiff's statement of claim, alleging they referred to without-prejudice communications.
The motion was brought after the defendants had already filed their statement of defence and counterclaim, and after an approximately four-month delay.
The court dismissed the motion, applying Rule 2.02 of the Rules of Civil Procedure (the "fresh step" rule).
The court found that the defendants had taken a further step in the proceeding after knowing of the alleged irregularity and had not sought leave to bring the motion or provided a reason for the delay.
Arbitration application dismissed with costs after applicant failed to attend the hearing.
The applicant sought statutory accident benefits following a motor vehicle accident.
Prior to the scheduled arbitration hearing, the applicant's counsel requested to be removed from the record due to a breakdown in the solicitor-client relationship.
The arbitrator granted the request.
The applicant failed to attend the hearing despite having notice.
Consequently, the arbitrator dismissed the application for arbitration, finding the applicant failed to meet her onus of proof, and awarded the insurer $1,000 in expenses.
