Simon Grant Cameron

The Plaintiffs moved to strike the Defendant GuestLogix Inc.'s defence or compel a further and better Affidavit of Documents, arguing deficiencies including the deponent's lack of direct knowledge.

GuestLogix cross-moved for a further affidavit from the Plaintiffs and to dispense with the requirement for a signed affidavit.

The court dismissed the Plaintiffs' motion, finding GuestLogix's affidavit, sworn by an insurer's representative, to be appropriate given the company's prior CCAA sale and lack of original personnel.

The court also found GuestLogix had complied with its production obligations.

The Defendant's cross-motion was satisfied as the Plaintiffs had delivered the requested documents.

Costs were awarded to the Defendant.

The defendants in two related actions sought orders to compel the plaintiffs, Andrew Stronach and Selena Stronach, to undergo medical examinations to assess their mental capacities for the purpose of determining if litigation guardians were required.

The court dismissed the motion against Selena Stronach, finding insufficient evidence to rebut the presumption of capacity.

The motion against Andrew Stronach was dismissed without prejudice, as the court found it premature and suggested other discovery avenues should be pursued first.

The court also declined to order production of video recordings of Andrew's examination for discovery.

The plaintiffs moved for an order granting additional time to set their medical malpractice action down for trial, five years after its commencement.

The motion proceeded as a status hearing under Rule 48.14, requiring the plaintiffs to show cause why the action should not be dismissed for delay.

The court considered the explanation for delay, the alleged non-compensable prejudice to the defendants, and the overarching principle of resolving disputes on their merits.

The court found the plaintiffs provided a reasonable explanation for the delay, particularly given the complex medical issues, the death of the lead plaintiff, and difficulties in securing expert evidence.

The court was not convinced that the defendants would suffer non-compensable prejudice.

The motion to extend time was granted, and a timetable was to be established.

The appellant appealed her conviction for fraud over $5,000, alleging that her guilty plea was uninformed and involuntary due to ineffective assistance of counsel.

The appellant suffered from a permanent intellectual development disorder with an IQ of 42, spoke limited English, and could not read or write in English or Tamil.

Her counsel met with her primarily in the presence of her father and a Tamil interpreter, and advised her to plead guilty.

The appellant did not understand the implications of the plea, particularly the impact of the restitution order on her future social assistance eligibility.

The Court of Appeal found that the appellant was not informed of the consequences of her guilty plea, constituting a miscarriage of justice.

The conviction was set aside and a new trial was ordered, but the court exercised its discretion to enter a stay of proceedings in the interests of justice, considering the appellant's intellectual disability, financial hardship, and personal progress.