Shannon Elizabeth Bennett

Dufferin Communications Inc. brought a motion seeking to validate email service of a statement of claim on one defendant, Paulo A. Almos, extend the time for service, amend the relief claimed to fall within Small Claims Court limits, and transfer the action to the Small Claims Court.

Despite a significant delay of nearly four years in bringing the motion, the court found no prejudice to the defendant, who had been aware of the claim for an extended period.

The motion was granted, validating the service, extending the time, allowing the amendment, and ordering the transfer, with the court also addressing the applicability of the Hague Convention on Service Abroad.

The defendants brought a cross-motion under Rule 21.01(3)(b) of the Rules of Civil Procedure, seeking to dismiss the plaintiffs' action on the grounds that the plaintiffs lacked legal capacity to commence or continue the action.

The defendants argued that the loan funds were not advanced by Scott Dorey, that the Dorey Capital Family Trust (DCFT) had conveyed its rights to the funds to other entities, and that Ora Trustees Limited had not proven its trusteeship.

The plaintiffs disputed these claims, asserting that Scott Dorey was a proper party, that no valid transfer of receivables occurred, or that they were transferred back to DCFT, and provided evidence of Ora's trusteeship.

The court applied the "plain and obvious" test for Rule 21 motions, noting that such motions are not for resolving serious factual disputes or credibility issues.

Given the numerous disputed facts and credibility determinations required regarding the alleged transfers of the loan receivable and the chain of trusteeship, the court dismissed the defendants' motion.

The appellant, Darlene Welton, appealed a trial judge's award of compensation for her services as Vice President of Marketing and Sales for Stonebrook Properties Inc., arguing it was inadequate on the facts and law.

The Court of Appeal dismissed the appeal on the merits, upholding the trial judge's quantum meruit assessment of 1.5% commission for sales and dismissing claims for additional construction and warranty work due to lack of evidence or reasonable expectation of payment.

However, the Court granted leave to appeal the trial costs award, finding the respondents' last-minute settlement offer unreasonable and not in the spirit of Rule 49, and awarded the appellant her pre-trial and trial costs.

The corporate and personal plaintiffs sought default judgment against multiple unidentified defendants (identified by pseudonyms) for defamatory statements posted on an investment website.

The court addressed the novel issue of jurisdiction over unidentified defendants, affirming that judgment in personam can be granted if substituted service is reasonably expected to bring proceedings to their attention.

Damages, including general, aggravated, and punitive damages, were assessed individually against each defaulting defendant for each plaintiff, and substantial indemnity costs were awarded due to the defendants' abusive conduct in failing to respond.