Tara Pollitt

The applicant, previously declared a vexatious litigant, applied for leave to continue three existing actions and to rescind the vexatious litigant order.

The court found that the applicant failed to demonstrate reasonable grounds for the proceedings and that continuing them would be an abuse of process, noting a history of unpaid costs orders and failure to advance litigation.

The court also declined to rescind the vexatious litigant order, finding the applicant had not learned from past mistakes and continued to exhibit abusive litigation behaviour.

The application was dismissed in its entirety.

The defendant driver brought a motion for summary judgment to dismiss the plaintiff's personal injury claim and the co-defendant municipality's crossclaim arising from a motor vehicle collision.

The plaintiff, who had a stop sign, entered the intersection and was struck by the defendant, who had the right of way.

The court found the plaintiff's expert report unreliable because it assumed the plaintiff stopped 14 meters back from the intersection, which was contrary to evidence and common sense.

The court concluded there was no genuine issue requiring a trial, as the defendant had no reasonable opportunity to avoid the collision, and granted the motion.

The moving parties, two of the plaintiffs in a civil assault action, sought an order to relieve them from the deemed undertaking rule to use a security video, obtained through discovery, for a criminal prosecution against the individual defendants (security guards) and a police officer.

The court found that the deemed undertaking rule applied to the video as it was disclosed under compulsion, despite being provided early for tactical reasons.

The court further determined that the public interest in pursuing a criminal investigation did not outweigh the prejudice to the disclosing party (20 Vic Management Inc.) and its co-defendants, particularly the tactical leverage a concurrent criminal investigation could create in the civil action.

The motion was dismissed.

The defendants brought a motion for summary judgment dismissing a personal injury action arising from a slip and fall in a grocery store produce section.

The plaintiff alleged she slipped on water and/or ice originating from broccoli displayed on crushed ice.

The defendants argued they maintained a reasonable inspection and maintenance system and that the area had been inspected minutes before the fall.

The court held that conflicting evidence regarding the store’s drainage system, staff training, and compliance with inspection procedures created genuine issues requiring a trial.

The motion for summary judgment was therefore dismissed.

The plaintiff sought $150,000 in damages against a municipality for trespass and conversion after the municipality entered his property and removed debris pursuant to a clean yard by-law and an order to comply.

The plaintiff alleged that certain items removed fell outside the order and that the municipality had no right to dispose of the materials without accounting for their value.

The court held that the municipality acted within its statutory authority under the Municipal Act and its by-law, and that the power to dispose of debris was implicit or alternatively permissible under principles of bailment provided the municipality acted reasonably.

The court found the municipality acted reasonably throughout the enforcement process, including granting multiple compliance extensions and reasonably disposing of junk and scrap materials.

The plaintiff’s claim was dismissed.

The defendants brought a motion to compel the plaintiff to comply with undertakings and refusals arising from an examination for discovery in a motor vehicle accident action.

The requests included production of treatment records, social assistance files, a pain diary, a supplementary affidavit of documents, and Facebook materials.

The court held that the plaintiff could not be compelled to obtain clinical records where the provider refused release pending payment, and that social assistance files were not relevant to the issues in dispute.

The court also found the plaintiff’s pain diary was protected by litigation privilege and that the defendants failed to establish relevance for additional Facebook production.

Although the court confirmed the plaintiff’s obligation to provide a supplementary affidavit of documents under Rule 30.07, the motion as framed was dismissed.