Ryan Michael Stubbs

The moving parties sought relief from automatic striking of their Statement of Defence and Counterclaim after delivering a response for particulars two days late under a prior consent order.

The responding party opposed and pursued default judgment based on strict non-compliance.

Applying Rules 3.02 and 1.04, and guided by appellate authority on extensions and merits-based adjudication, the court granted a retroactive extension and reinstated the pleading.

The court characterized the breach as minor, found no prejudice to the responding party, and held the interests of justice favoured determination on the merits.

No costs were awarded.

The applicant, a condominium unit owner, brought an application seeking various orders against the condominium corporation and its directors, including compliance with the Condominium Act, invalidation of board elections, appointment of an inspector, and damages.

The applicant alleged numerous technical breaches of the Act and regulations, as well as mismanagement.

The court found that the alleged breaches were largely formalistic errors that caused no substantive prejudice or harm.

The court dismissed the application, emphasizing that technical breaches without demonstrated prejudice do not warrant the remedies sought, and declined to award damages or appoint an inspector due to lack of evidence of financial impropriety.