Rebecca Bush

The defendants requested an urgent case management conference because the self-represented plaintiffs failed to comply with a previously ordered timetable for Master's motions and sought broader relief than initially identified.

The court accepted the plaintiffs' explanation for the delay, which was due to an internet issue.

To ensure all motions could be heard together, the court vacated the previously scheduled dates, granted the plaintiffs time to seek legal advice, and established a revised timetable for the pending Master's motions.

At the sixth case management conference, the court addressed the scheduling of various motions proposed by the parties, including motions for summary judgment, undertakings, and further examinations.

The court granted a motion on consent to allow a plaintiff who had reached the age of majority to continue the action in her own capacity.

The court directed that the motions regarding undertakings and refusals be heard by the Case Management Master before any summary judgment motions are scheduled, emphasizing the need for effective case management.

At a fourth case management conference, the court addressed ongoing procedural issues in an action involving self-represented plaintiffs.

The court directed that future examinations for discovery proceed orally rather than by written interrogatory due to complications.

The court declined to waive mandatory mediation and deferred the plaintiffs' request to schedule a summary judgment motion until they could properly frame it in accordance with the principles of partial summary judgment.

Various other procedural directions were made, including delegating certain discovery motions to a Case Management Master.

The defendant brought a motion to dismiss the plaintiff's action as frivolous, vexatious, and an abuse of process, or to strike the statement of claim.

The plaintiff, who was self-represented, had commenced the action against the defendant, a YMCA employee, based on an internal incident report disclosed during a related Human Rights Tribunal of Ontario proceeding.

The court found that the plaintiff issued the claim to manipulate and threaten the defendant into retracting evidence.

The court dismissed the action as an abuse of process and struck the statement of claim without leave to amend for failing to disclose a reasonable cause of action and violating pleading rules.