Samuel Nash

The plaintiff commenced a Small Claims Court action for breach of contract and later issued a Superior Court claim for defamation.

The plaintiff brought a motion to transfer the Small Claims action to the Superior Court to be consolidated, which the defendants consented to.

The parties could not agree on costs.

The defendants sought costs thrown away for work done in the Small Claims action.

The court found the work was not wasted and deferred the issue of costs to the trial judge.

The defendant, a lawyer who purchased the plaintiff's legal practice, brought a motion to temporarily stay the plaintiff's breach of contract action pending the outcome of an ongoing Law Society investigation into the plaintiff.

The plaintiff's license had been suspended on an interlocutory basis.

The court dismissed the motion, finding that the Law Society's findings would likely be inadmissible, the defendant could lead independent evidence on the issues, and a stay would cause injustice by delaying the plaintiff's access to the courts.