The appellant, Inco Limited, appealed a decision of the motion judge setting aside a Master's order that had struck the respondents' reply affidavits with leave to amend.
The underlying motion for judgment brought by the appellant was based on statutory authority, the Limitations Act, and accord and satisfaction.
The Divisional Court dismissed the appeal, finding that the motion judge was not clearly wrong in concluding that the judge hearing the motion for judgment should deal with any defects in the affidavit material, rather than having a Master review them in advance.
Costs of the proceedings to date were fixed at $45,000 on a partial indemnity basis payable to the respondents.
