The defendants brought a motion seeking leave to bring a summary judgment motion and to amend their statement of defence to add a limitations defence.
The court granted leave to amend the statement of defence, conditional on the defendants paying $1500 to the plaintiff for associated costs.
However, the court denied leave to bring a summary judgment motion, emphasizing the plaintiff's right to a jury trial and the principles of proportionality and access to justice, particularly given the plaintiff's unique circumstances and the imminent trial date.
The court found that allowing a summary judgment motion would be unjust and unfair, potentially jeopardizing the scheduled jury trial.
