The defendants moved to dismiss the plaintiff's action for abuse of process and breach of a court order requiring attendance at discovery and production of documents, or alternatively to strike a notice on title and compel further productions.
The plaintiff cross-moved to extend the time for discovery after his visa to enter Canada was refused.
The Master found the plaintiff's failure to attend discovery was explained and his document production, while deficient, showed substantial compliance.
The Master dismissed the motion to dismiss the action and the motion to strike the notice on title, finding no abuse of process and lacking jurisdiction to strike the notice.
The plaintiff was granted an extension for discovery but ordered to post security and provide a further and better affidavit of documents.
