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Leave granted to amend pleadings on eve of trial, but scandalous allegations struck.
The self-represented plaintiffs brought a motion to further amend their Amended Statement of Claim in a solicitor negligence action arising from a failed real estate transaction.
The motion was brought after the action had been set down for trial.
The court granted leave to bring the motion and allowed the amendments in part.
The court struck proposed amendments referencing a potential miscarriage as scandalous, but allowed the addition of breach of fiduciary duty claims, leaving the determination of whether they were statute-barred to the trial judge.
The amendments were permitted subject to conditions, including the defendant's right to seek an adjournment, file an amended defence, and conduct further discovery at the plaintiffs' expense.
The accused was acquitted of major drug trafficking charges due to reasonable doubt about his knowledge of drugs hidden in a stash house, but convicted of possessing marijuana found in plain view.
The accused was charged with possession for the purpose of trafficking in multiple controlled substances and possession of property obtained by crime following his arrest at a condominium apartment during a large-scale police operation targeting gang members.
The Crown alleged the accused possessed significant quantities of heroin, cocaine, marijuana, hashish, ecstasy, oxycodone, and cash.
The accused challenged the lawfulness of the police entry and search, arguing violations of Charter rights.
The court found the initial police entry was justified by exigent circumstances and the search warrant was validly obtained.
However, the court found reasonable doubt regarding the accused's knowledge of and possession of drugs found inside a nightstand drawer and in a closet, acquitting on most counts while convicting on possession of marijuana found on top of the nightstand and related proceeds of crime.
