2 total
The court dismissed a motion for partial summary judgment to avoid duplicative proceedings and inconsistent findings.
The defendant, 1190393 Ontario Limited o/a Phil’s Grandsons Place (PGP), brought a motion for summary judgment to dismiss the plaintiffs' claim arising from an altercation outside its premises.
The plaintiffs alleged PGP was liable for serving excessive alcohol to a co-defendant who assaulted one of the plaintiffs.
The court dismissed PGP's motion, finding that granting partial summary judgment would not be in the interests of justice due to the risk of duplicative proceedings and inconsistent findings, as a crossclaim by the co-defendant against PGP on the same issues would still proceed to trial.
The court dismissed a vexatious litigant's recusal motion and claims but set aside default judgments.
This endorsement addresses multiple motions and provides case management directions for Nadire Atas, who has been declared a vexatious litigant.
The court dismissed Ms. Atas's motion for recusal of the case management judge, finding no merit in her arguments regarding functus officio or apprehended bias.
The court also dismissed Ms. Atas's claims against the Chavalis and her counterclaims in the defamation proceedings due to her persistent failure to make required "Chavali requests" to advance them.
However, the court set aside the notings in default against Ms. Atas in the defamation proceedings to allow her to defend on the merits.
Further directions were given for motions for summary judgment in the defamation proceedings, dismissal motions by Peoples Trust and LawPro Defendants, and an interlocutory injunction motion.
The court emphasized the need for Ms. Atas to comply with case management orders to move the litigation forward, despite her ongoing appeals of the vexatious litigant declaration.
