The defendant brought a motion to amend its statement of defence to add counterclaims against the plaintiffs, their counsel, and a court reporting service.
The counterclaims alleged fraudulent misrepresentation, civil conspiracy, abuse of process, invasion of privacy, and other causes of action arising from alleged misrepresentation regarding document service and the billing of discovery examination fees.
The court dismissed the motion, finding that the proposed counterclaims did not advance legally tenable causes of action and that the issues raised were not properly the subject of a counterclaim in this proceeding.
The court awarded full indemnity costs to the plaintiffs.
