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La Cour d’appel a rejeté la demande de modification de l’ordonnance suspendant l’appel jusqu’à l’issue de l’audience de certification dans un recours collectif.
The judge's oral adjournment sine die tied to the pending vexatious litigant proceeding was a proper exercise of case management discretion under rule 29.10; the judge considered appropriate factors so failure to recite a legal test was not reversible; refusing oral submissions at the procedural scheduling stage did not breach procedural fairness; the proposed additional evidence failed the Palmer criteria and was properly excluded; appeal dismissed.
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The court dismissed an application to stop KS from following post-verdict proceedings remotely, finding security measures and an existing police undertaking were sufficient.
The Federal Court dismissed Mr. Kimaev’s appeal from a case management order dismissing his judicial review for delay, finding no jurisdictional error and awarding costs.
The court allowed a joint trial of related civil and family law proceedings, finding the issues interwoven and the parties’ relationships and credibility central to both.
Given the appellant's long history of repetitious, frivolous and duplicative litigation relating to the same underlying facts, the prior provincial vexatious declaration, and the burden imposed on respondents and the Court, a s.40 declaration is warranted; the Attorney General's consent was filed; all existing proceedings are stayed and new proceedings require leave; the recent notice of appeal concerning a Federal Court direction shall not be filed; the motion to dismiss the appeal is referred to a three-judge panel.
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The Court of Appeal held the refusal to adjourn an R. 18A summary trial was interlocutory, so leave to appeal was required and then denied as moot and lacking merit.
The court granted severance of two related personal injury actions, holding that a prior consent order did not fetter discretion under Rule 5(6).
The court adjourned the adjournment application, directed the parties to seek a case management judge, and reserved costs, finding prejudice to both sides was balanced.
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