Hogg v. Wealthsimple Inc.
The motion judge properly inferred the appellant's awareness of the MFDA investigation and, having found a lack of full disclosure and that respondents were prejudiced by delay and by their regulatory settlement, permissibly exercised his discretion to refuse retroactive validation of service; the Court of Appeal dismissed the appeal and deferred to that exercise of discretion.
Source excerpt
- Extension of time for service
- Ex parte motions
- Full and frank disclosure
- Prejudice balancing
- Retrospective validation of service