Simon Cameron

The plaintiff in a complex family trust dispute brought motions on the eve of trial for further documentary production, further examinations for discovery, and leave to amend her Statement of Claim.

The motions sought to introduce new allegations that the defendants covered up and settled claims of sexual misconduct against the family patriarch, Frank Stronach.

The court dismissed both motions, finding no evidence that the requested documents existed, that the new allegations were irrelevant to the pleaded claims of corporate mismanagement, and that amending the pleadings three weeks before a scheduled seven-week trial would cause non-compensable prejudice and delay.

Ontario brought a motion to adjourn the Stage Three trial of a complex treaty rights claim sine die, pending the Supreme Court of Canada's decision on the appeal of Stage One and Stage Two.

The plaintiffs, interveners, and Canada opposed the motion.

The court applied the test for an adjournment, balancing the interests of the parties and the administration of justice.

The court found that the risk of proceeding was manageable, while the prejudice to the plaintiffs and the administration of justice caused by further delay would be significant.

The motion to adjourn was dismissed.

The plaintiffs, Andrew and Selena Stronach, brought motions to strike out portions of the defendants' Fresh as Amended Statements of Defence under Rule 25.11 of the Rules of Civil Procedure.

The plaintiffs argued that the impugned pleadings improperly referenced documents and communications that were subject to settlement privilege arising from a confidential judicial mediation.

The defendants argued that the plaintiffs had waived privilege or that an exception applied based on the justice of the case.

The court found that the mediation was subject to settlement privilege, the plaintiffs had not waived the privilege, and no exception applied.

The court granted the motions to strike the pleadings relating to the mediation.

The court also struck out portions of one defendant's pleading as scandalous, but dismissed a motion to require another defendant to reinstate a withdrawn admission.

Following an appeal of a Master's order extending the time to set the action down for trial, the parties made written submissions on costs.

The court found that there was divided success on the appeal, as the appellants successfully challenged the Master's reasoning but the respondents successfully affirmed the ultimate outcome.

Balancing the factors under Rule 57.01, the court ordered that all parties bear their own costs.

The defendants appealed a Master's decision granting the plaintiffs an extension of time to set their medical malpractice action down for trial under Rule 48.14(7).

The Superior Court found that the Master erred in law by applying a 'contextual analysis' that relaxed the requirement to meet both parts of the conjunctive test for delay, and erred in fact by relying on evidence outside the record.

However, exercising its own discretion under s. 134 of the Courts of Justice Act, the Court determined the motion on the record and found the plaintiffs had provided an acceptable explanation for the delay and that the defendants would suffer no non-compensable prejudice.

The Court affirmed the 12-month extension but set aside the Master's costs award, ordering no costs for the motion.