2 total
Motion to strike expert affidavit in judicial review deferred to the full panel hearing the application.
The moving party brought a motion to strike an expert affidavit filed by the respondents in an Application for Judicial Review regarding the issuance of a stone quarry licence.
The moving party argued the affidavit was inadmissible as it was not before the decision-maker.
The respondents argued the evidence was necessary to determine if the Crown met its duty to consult and accommodate.
The court deferred the issue, ordering that the admissibility of the affidavit be determined by the full panel hearing the Application to avoid jeopardizing the scheduled hearing dates.
Administrative dismissal set aside despite delay where deadline missed through inadvertence and no prejudice.
The plaintiff brought a motion under rule 37.14 of the Rules of Civil Procedure to set aside a registrar’s administrative dismissal of an action for delay under rule 48.14.
The action concerned unpaid legal fees allegedly owed by the defendant for legal services related to land and boundary claims.
The court applied the contextual analysis derived from the Reid factors, assessing the explanation for delay, inadvertence, promptness of the motion, and prejudice.
Although the plaintiff failed to provide satisfactory explanations for litigation delay and did not bring the motion promptly, the court accepted that the missed deadline resulted from counsel’s inadvertence and found that the defendant would suffer no real prejudice because the claim would largely be determined through preserved documentary evidence.
Balancing the competing principles of timely litigation and adjudication on the merits, the court concluded it was in the interests of justice to set aside the dismissal.
