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On liability in a motor vehicle collision case, the court found Monson negligently sideswiped the Honda and held H&R Transport vicariously liable. The third party, Thapar, was not at fault.
The court set aside a damages assessment and default judgment after accepting the defendant was entitled to notice, had not willfully defaulted, and showed arguable defences.
The late filing of the third-party defence and short delays in disclosure and interrogatory responses did not demonstrate prejudice, misconduct or abuse of process sufficient to warrant dismissal or sanctions; objections to interrogatories that assume facts were proper, but the specific interrogatory about the utility easement (question 20) was relevant and must be answered; case management appointment is appropriate to manage discovery and procedural issues; costs awarded to the defendant for successful opposition on most motions.
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Leave to add 3312739 Nova Scotia Limited as a third party was granted because the proposed third-party claim is within the limitation period, the Independent Contractor Agreement and factual record support finding 331 Co. is an independent contractor (not an employee), there is no convincing evidence of bad faith by the defendants, and the plaintiffs failed to prove serious non-compensable prejudice that would justify denying joinder under Rule 35.08; accordingly joinder advances efficient adjudication and avoids multiplicity of proceedings.
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The court granted the Tsetsaut/Skii km Lax Ha Nation's joinder application, finding no plain and obvious lack of standing or abuse of process.
The motion judge acted within his discretion in using the enhanced powers under r.20.04(2.1) and (2.2), including ordering limited oral evidence from a non-party; the appellants’ misrepresentation defence did not raise a genuine issue for trial; the third-party negligence claim against the solicitor was a separate proceeding that did not bar summary judgment; therefore the summary judgment in favour of TD Bank was correctly granted and the appeal is dismissed.
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The court dismissed a defendant’s application to add a solicitor as third party, finding the proposed claim lacked the necessary causal link and was bound to fail.
The court held the Fast Track costs cap did not apply, awarded Epic Scale B costs with double costs after a rejected offer, and awarded Travelers Scale B costs.
The Court of Appeal dismissed applications for security for costs in a medical negligence appeal, finding the appeal was not virtually without merit.
Motions to intervene were dismissed because the proposed interveners would not add a distinct, necessary contribution to the narrow issues on appeal, their proposed materials expanded the record and risked prejudice given the lateness of the applications, and the appellant's factum adequately raised the relevant public policy and Indigenous issues; no costs were ordered against the proposed interveners.
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