63 total
Order extending limitation period is final; motion judge erred by deciding extension when facts were disputed.
The plaintiffs sued the defendant engineers for professional negligence regarding a foundation design.
The defendants moved for summary judgment based on the expiry of the one-year limitation period under the Professional Engineers Act.
The motion judge dismissed the summary judgment motion, finding a genuine issue for trial regarding when the plaintiffs discovered the material facts, but simultaneously granted the plaintiffs' cross-motion to extend the limitation period.
The Court of Appeal allowed the defendants' appeal, holding that the order extending the limitation period was a final order and that the motion judge erred by resolving the limitation extension issue while acknowledging a genuine issue for trial existed regarding the plaintiffs' knowledge of the facts.
Appeal of summary judgment dismissed as appellant provided no evidence to support claims of corporate theft.
The appellant appealed a summary judgment dismissing his action against his former wife, daughter, and a business college.
He alleged that the respondents illegally took the company from him, claiming certain documents were forged.
The Court of Appeal upheld the motions judge's finding that the appellant provided no evidence to substantiate his claims, noting that he had previously declared bankruptcy and sworn he owned no shares.
The appeal was dismissed with costs.
Medical malpractice appeal dismissed for lack of bias, negligence, and causation.
The appellants appealed the dismissal of a medical malpractice action arising from the death of a patient undergoing treatment for tuberculosis.
The appeal focused on recusal, alleged negligence in the physician’s monitoring and follow-up system, and causation.
The court held that, although the trial judge had improperly received information caught by Rule 50.03, the circumstances did not give rise to a reasonable apprehension of bias requiring recusal.
The court further held there was no basis to disturb the findings that the follow-up system did not establish negligence on the physician’s part and that any failure of follow-up did not cause or contribute to the death, because the accepted evidence showed no signs of hepatitis at the critical January assessment.