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The Federal Court dismissed Sam Prince’s judicial review, holding that the Minister reasonably refused a section 221.2 credit for alleged Part XIII tax without tracing evidence.
The Court of Appeal for Ontario struck an affidavit filed on a leave motion, finding it contained impermissible opinion, argument, and unsupported public-importance claims.
The court granted the adjournment because triable issues exist regarding contractual interpretation of the as‑is clause and alleged post‑approval damage, there is material uncertainty about the extent of damage, the insurance claim and ownership/transfer of Wolfenden Ventures Ltd., and the fairness of making a final order of sale without cross‑examination and production of documents. Accordingly the interests of justice required postponing approval of the sale, ordering targeted pre‑hearing steps (cross‑examination and disclosure), and permitting further procedural relief to be sought on a fi…
Source excerpt
The court dismissed applications to cross-examine, produce documents, and disqualify counsel, finding no evidentiary basis for alleged coaching or misconduct.
The court held a settlement release binding on the plaintiff and dismissed the claim against Kindred, but allowed the claim against former counsel to proceed with cross-examination.
The Federal Court dismissed a motion to compel written cross-examination answers, holding the disputed questions were outside the affidavit’s proper scope.
The court allowed cross-examination of the defendant’s affiant ahead of an injunction hearing and ordered production of one specific notice, but refused broader disclosure.
The court dismissed a defendant application to cross-examine an affiant on an interlocutory amendment motion, finding the evidence would not assist on limitation or abuse issues.
The Court of Appeal dismissed an appeal from the refusal to allow cross-examination on an affidavit in an estate petition, finding no error in the chambers judge’s application of the governing test.
The Federal Court partly granted a motion to compel cross-examination answers in a language-rights damages case, finding several questions relevant and proportionate.
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