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The court struck an amended notice of civil claim against opposing counsel, holding the pleaded allegations were barred by litigation immunity and disclosed no reasonable cause of action.
The court dismissed a summary judgment and CPL-cancellation application, finding triable issues on specific performance and hardship, but ordered Montaigne to post $50,000 security for costs.
The motion judge erred in dismissing the 2020 Action as an abuse of process as against Westin because the 2020 Action was commenced to preserve CCSI's limitation period and did not necessarily create an impermissible multiplicity of proceedings; the appropriate remedy is to stay or require amendment to add CCSI as a plaintiff by counterclaim with terms that protect limitation positions.
Source excerpt
The Court of Appeal upheld dismissal of lien cancellation but ordered New West to provide security for costs, finding the CPL had been discharged and security was warranted.
The court refused to strike a counterclaim and related pleadings, and declined to find waiver of solicitor-client privilege arising from a reference to conditional instructions.
The court allowed most amendments and added two companies as defendants, but refused a constructive trust pleading over property and dismissed a preservation injunction.
The court held that 2,155 e-mails listed only as “E-mail” were not sufficiently described to assess privilege under Rule 7-1(7), and ordered an amended list.
The motion to authorize a corporate officer to represent the corporation was dismissed because the appellant did not establish the "special circumstances" required by Rule 120 (no evidence of impecuniosity or comparable grounds); motions may be decided on written materials absent exceptional circumstances; the court therefore denied the oral hearing and granted procedural relief regarding the appeal book, extension and removal of counsel.
Source excerpt
Court addressed a proxy battle over Rockwell Diamonds’ board and shareholder rights plan, and held the competing proxy was improperly framed for new matters.
Appeal dismissed from a prothonotary’s security-for-costs order. The Court held there was no error in the discretion exercised or in the finding that impecuniosity was not shown.
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