Scarlett Trazo

The moving parties sought an order extending the time to file a notice of appeal of a Superior Court decision that struck their statement of claim.

The Court of Appeal denied the motion, finding that the proposed appeal lacked merit and that granting the extension would cause ongoing prejudice to the responding parties due to the scandalous and vexatious nature of the allegations, which included conspiracy theories against lawyers, expert witnesses, court staff, and judges.

The court emphasized that the justice of the case did not warrant an extension given the lack of arguable grounds and the vexatious nature of the litigation.

The plaintiff brought a motion to compel the defendant to provide further affidavit of documents and permit additional examinations for discovery, eight years after the action commenced and after it was set down for trial.

The defendant opposed, arguing the plaintiff required leave and that the request was untimely and disproportional.

The court found that a pre-trial endorsement by Justice Doyle constituted leave.

It determined the requested documents, concerning other clients using the same IP address and related performance issues, were relevant to the plaintiff's negligence claim.

Despite the significant delay and potential for trial adjournment, the court ordered disclosure, with the plaintiff bearing the initial costs of retrieval, to mitigate proportionality concerns.

Costs for the motion were not awarded to the successful plaintiff due to the delay and non-compliance with case management orders.

The plaintiff developer sued the defendant municipality for negligent misrepresentation regarding a rezoning application for a condominium project.

During the rezoning process, the municipality failed to inform the developer about a large, high-pressure water main located in an adjacent easement, mistakenly advising that it was a trunk sewer.

The developer relied on this information and proceeded with the purchase and development.

At the site plan approval stage, the municipality's engineers objected to the proposed underground parking garage due to the risks posed to the water main, forcing the developer to redesign the project and incur significant delays and costs.

The court found that the municipality owed a duty of care to the developer, breached that duty through negligent misrepresentations, and that the developer reasonably relied on those representations.

The court awarded the developer $4,496,384 in damages and pre-judgment interest.