Paul Barrafato

The plaintiffs brought a motion to amend the Trial Record to remove the defendants' Amended Statement of Defence, and a motion to set aside a previous consent order dismissing the action against their own insurer, The Co-Operators.

The defendants brought a cross-motion for leave to amend their statement of defence to plead 'inevitable accident' due to a brain tumour.

The court granted the defendants' motion to amend, finding no non-compensable prejudice to the plaintiffs.

The court dismissed the plaintiffs' motion to amend the Trial Record and their motion to set aside the consent order, finding no material change in circumstances or mutual mistake that would justify setting aside the final order.

In multi‑action personal injury litigation involving several defendants, the court issued procedural directions to manage the proceedings efficiently.

The court ordered that the matter be case managed by the same judge and scheduled examinations for discovery of the plaintiff and the Family Law Act claimant.

Plaintiff’s counsel was directed to update productions, circulate request letters for outstanding records, and provide documents received to all defendants.

The court further directed that any motions for production under Rule 30.10 be brought by a specified deadline if responses remained outstanding.

The matter was removed from the assignment court list pending further order.