S. Moreau

The defendants brought a motion to set aside a default judgment entered against the Crown in an action arising from a fatal mining accident.

The parties reached a resolution consenting to set aside the default judgment on terms, including the payment of substantial costs by the Crown.

The court endorsed the resolution, finding that the five-part test for setting aside a default judgment was met, as the delay was due to unique circumstances compounded by the pandemic, and the Crown had an arguable defence.

The court also granted a sealing order for certain medical information to protect personal privacy.

Following dismissal of a plaintiff’s summary judgment motion in a wrongful dismissal action, the court determined costs.

The defendant had made a written settlement offer that was more favourable to the plaintiff than the ultimate outcome and would have avoided further litigation.

The court held that although the strict cost consequences of Rule 49.10 did not apply to a successful defendant, the offer remained a relevant factor under Rules 49.13 and 57.01 in exercising discretion on costs.

The court also considered the plaintiff’s failure to proceed under the simplified procedure in Rule 76 despite the claim falling within its monetary threshold.

Partial indemnity costs were awarded up to the date of the offer and substantial indemnity costs thereafter.

In a proposed class proceeding, the defendants sought to schedule a pleadings motion to strike certain claims and dismiss the action against several defendants before the certification motion.

The court considered the principles governing sequencing of motions in class proceedings and the factors identified in prior authority regarding whether preliminary motions should precede certification.

Applying those factors, the court held that the pleadings motion would not dispose of the entire proceeding or substantially narrow the issues and could generate interlocutory appeals and delay.

Judicial economy and efficiency favoured hearing the pleadings motion together with the certification motion.

The defendants were therefore directed to deliver their Statement of Defence, without prejudice to bringing their proposed motion later.