2 total
The court refused to schedule the plaintiff's meritless motion to strike the defence and awarded substantial indemnity costs for unreasonable litigation conduct.
The plaintiff, Daynah Allen, sought a date for a motion to strike the Statement of Defence in her long-term disability claim against Sun Life Assurance Company.
The court refused to schedule the motion, finding it meritless and certain to fail, as the defendant filed its defence before being noted in default.
The court also addressed the parties' conduct, discovery issues, and awarded substantial indemnity costs against the plaintiff due to her persistent pursuit of the motion despite repeated judicial warnings.
Tenant's appeal of LTB eviction dismissed; refusal of adjournment for vague medical note upheld.
The appellant tenant appealed a Landlord and Tenant Board order terminating his tenancy for the landlord's own use.
The tenant argued the Board denied him procedural fairness by refusing an adjournment when he claimed to have a medical appointment in the U.S., and by relying on allegedly false evidence.
The Divisional Court dismissed the appeal, finding the medical note lacked sufficient detail to justify an adjournment and there was no evidence the landlord's affirmed testimony was untrue.
The court also declined to admit fresh evidence.
