Robert Taylor

In the context of two related actions involving a land banking business, the parties brought several preliminary motions before a scheduled summary judgment motion.

The moving parties (defendants in the first action) sought to bring a motion for security for costs, which the case management judge deferred until after the summary judgment motion due to delay and efficiency.

The responding parties (plaintiffs in the first action) brought a Rule 21 motion to dismiss the second action, arguing it was statute-barred and an abuse of process.

The court dismissed this motion, finding that the discoverability of the alleged unlawful act conspiracy raised factual issues that could not be resolved on a Rule 21 motion.

Finally, the court made several specific orders regarding documentary production, applying the principle of proportionality.

The plaintiff brought a motion under Rule 25.11 to strike paragraphs from the defendants' amended statement of defence, arguing they were irrelevant and would delay the trial.

The court dismissed the motion, finding the impugned paragraphs were directly responsive to the statement of claim and arguably relevant to the issues of conspiracy and constructive dismissal.

Additionally, the court awarded $500 in costs to the self-represented defendants for a prior motion regarding document privilege, finding they had demonstrated an opportunity cost.

In this case management endorsement, the court addressed several procedural issues between the parties.

The court set a schedule for written submissions to settle the terms of a previous order, established a contingent timetable for pleadings pending an appeal, ordered the return of the plaintiff's devices, and directed further submissions on a document protocol and costs.