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Leave to appeal was denied because the appellants failed to raise an arguable issue; the contested scheduling decision falls within the broad discretion of the case management judge and did not demonstrate a reviewable error warranting further appeal.
Source excerpt
The Court of Appeal dismissed applications for leave, an extension of time, no-fee status, and a stay, holding the proposed appeal had no prospect of success.
The court dismissed Mr. Haevischer’s late application to add new abuse of process allegations and recall witnesses in the ongoing Surrey Six stay hearing.
The court granted Abtek’s application to dismiss 24 Hour Glass Ltd.’s claim for want of prosecution after finding more than ten years of delay.
The court refused a motion to inspect and record a former apartment to challenge a 2012 search, holding the issue had already been fully litigated and the proposed inspection was speculative.
The court ordered security for costs of $30,000, stayed the action until it is posted, and allowed the defendants to seek dismissal if unpaid within 14 days.
The court refused a one-month adjournment of the defence stay hearing, granting only a two-week delay and requiring a hearing plan from defence counsel.
The court dismissed a summary trial application and refused vexatious-litigant relief, finding credibility and evidentiary problems made summary determination unsuitable.
The plaintiffs' conduct in correspondence, objections, cross-examination and refusal to agree to routine interlocutory steps made the proceedings longer and more contentious but did not reach the level of reprehensible misconduct required for solicitor and client costs; accordingly a lump sum party-and-party award of $20,000 plus disbursements $131.72 was necessary to do justice and to substantially contribute to the defendant's reasonable fees, payable forthwith.
Source excerpt
The court ordered the family and civil proceedings heard together, struck the civil claim as a relitigation abuse, declared the claimant a vexatious litigant, and ordered CPL release and special costs.
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