2 total
Claim struck without leave to amend for failing to plead basis of insurer's liability.
The plaintiff brought an action for negligence against an unidentified driver and the TD Defendants following a motor vehicle accident.
The TD Defendants moved to strike the claim for disclosing no reasonable cause of action, or alternatively for summary judgment on the basis that the claim was statute-barred.
The court denied the plaintiff's request for an adjournment, finding counsel's unfamiliarity with a secure document portal insufficient.
The court struck the claim without leave to amend, as it failed to plead any basis for the TD Defendants' liability and the plaintiff failed to add the actual driver as a defendant despite repeated requests.
Alternatively, the court granted summary judgment, finding the action was commenced after the expiry of the limitation period without explanation.
Default judgment granted against purchaser for failing to close real estate transaction.
The plaintiff developer brought a motion for default judgment against the self-represented defendant for failing to close on an agreement of purchase and sale for a new home.
The defendant, a refugee facing a removal order, failed to file a defence or any evidence regarding his financial circumstances despite being granted an adjournment to do so.
The court found the plaintiff took reasonable steps to mitigate its damages by reselling the property at a lower price.
Default judgment was granted, and the defendant was ordered to pay damages representing the difference in sale price, real estate commissions, and legal fees, plus partial indemnity costs.
