Trevor A. Courtis

At a case conference in a proposed class action, the plaintiffs sought an adjournment of the defendant's pending jurisdiction motion to summons witnesses.

The defendants objected, arguing an adjournment would prejudice them due to the impending expiry of the limitation period for third-party claims under s. 18 of the Limitations Act, 2002.

The court resolved the prejudice by ordering that the defendants could deliver pro forma defences and commence third-party proceedings without attorning to the court's jurisdiction, and adjourned the jurisdiction motion.