2 total
Action struck from trial list because interlocutory steps and expert reports were incomplete.
The plaintiff set the action down for trial and counsel attended trial scheduling court to fix a date.
The judge convened a case conference and determined that the action, commenced in 2014 regarding a construction dispute, was not ready for trial.
Interlocutory steps including undertakings, potential refusal motions, and expert reports were incomplete, and a companion action had sat dormant.
The judge struck the action from the trial list, directing counsel to return only when the matter is truly ready for trial.
Funds paid into court by a third party for security for costs remain the third party's property.
The corporate plaintiff was ordered to pay $15,000 into court as security for costs.
The sole officer and director paid the amount with his own personal funds.
The defendant later obtained judgment against the plaintiff on its counterclaim and sought an order under the Creditors' Relief Act that the money paid into court be paid out to it as an execution creditor.
The motion judge granted the order.
On appeal, the Divisional Court set aside the order, finding that the funds were impressed with a Quistclose trust in favour of the director who advanced them for a specific purpose.
The funds never belonged to the execution debtor and were not available for distribution to its creditors.
