Nicholas Valela

The plaintiff, Aenos Food Services Inc., brought a motion seeking particulars of the defendants' (Emily Tierney and Tierney Stauffer LLP) Statement of Defence in a solicitor's negligence action governed by simplified procedure.

The court dismissed the motion, finding that the particulars sought were within the plaintiff's knowledge, the defence already contained sufficient material facts, and the request was an attempt to elicit evidence prior to discovery, which is contrary to the principles of simplified procedure.

The court emphasized that particulars are to clarify pleadings, not to serve as a substitute for discovery, and that such motions contribute to delays and costs, undermining access to justice in Rule 76 actions.

The defendants, an athlete and a national sports organization, brought a motion to dismiss the plaintiff's action for damages arising from alleged harassment and assault.

The defendants argued the court lacked jurisdiction because the plaintiff had already pursued a complaint under the organization's internal disciplinary code, making the civil action an abuse of process or collateral attack.

The court dismissed the motion, finding that the internal disciplinary process did not have the authority to award compensatory damages for tortious conduct, and therefore did not oust the jurisdiction of the civil courts.