Stephanie Sharples

The defendant brought a motion to add Shreeji Hospitality of University, LLC Ramada Clarion (the "Owner") as a third party for contribution and indemnity, stemming from a separate incident in North Carolina involving the plaintiff.

The Owner opposed the motion on grounds of delay, non-compensable prejudice, and lack of jurisdiction.

The court dismissed the motion to add the Owner, finding inordinate and unexplained delay, non-compensable prejudice due to loss of records and reduced ability to obtain information from the original third party, and an absence of a real and substantial connection to Ontario for the Owner.

The court also made limited production orders against Progressive Insurance, the insurer for the original third party and the Owner, but declined to order the production of the entire underwriting file.

The defendant Lorraine Brown-Comrie brought a motion to dismiss the action due to the plaintiff Paula Tomlinson's non-compliance with previous court orders and failure to answer undertakings from discovery.

The plaintiff opposed, citing recent settlement negotiations.

The court, noting that dismissal is a remedy of last resort, denied the motion to dismiss and granted the plaintiff extensions to comply with all outstanding obligations.

No costs were awarded for the motion.

The defendant driver brought a motion for summary judgment to dismiss the plaintiff passenger's action and the co-defendants' cross-claim against him following a motor vehicle collision.

The moving party argued the co-defendant lost control of his vehicle on a snow-covered highway and crossed into the moving party's lane on an on-ramp.

The co-defendant argued the collision occurred in the highway's right lane during a merge.

Applying the summary judgment framework, the court weighed the evidence, including independent witness testimony and accident reconstruction evidence, and found the moving party's version of events reliable.

The court concluded there was no genuine issue requiring a trial regarding the moving party's liability and dismissed the claims against him.