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The court struck a self-represented plaintiff’s notice of civil claim because it contained no material facts and disclosed no reasonable claim.
The court appointed an independent administrator for limited investigative purposes in an estate dispute, allowed related disclosure orders, and dismissed Ali Enayat’s application.
The Court of Appeal for British Columbia dismissed this appeal as moot after the appellant filed fresh CPLs following amendment of his pleadings.
The Federal Court allowed Collegium’s appeal, struck Purdue’s statement of claim, and dismissed the action after finding the pleadings relied only on regulatory-approval activity and lacked imminence.
The Master erred in basing refusal to extend time on prejudice arising from the passage of time since the events rather than prejudice caused by the delay in service; because the delay to serve was brief (approximately 30 days) and caused no prejudice to the respondent, the extension should be granted and the Master's and Divisional Court's orders set aside.
Source excerpt
The court granted leave to add Dr. Tregobov as a defendant in a medical negligence action, finding the claim connected, pleadings adequate, and no specific prejudice shown.
The court refused to strike a counterclaim request to remove a party, holding that such relief could be pleaded and that the parties’ pleadings lacked material facts.
The Registrar erred by failing to consider the evidence when assessing the adequacy of the Statements of Opposition; the evidence before the Registrar and the additional evidence filed in the Trial Division cured any pleading or evidentiary deficiencies regarding the commonality of pink and red-brown tablets, so the Registrar's and Trial Division's rejections were erroneous and must be quashed and the matter remitted for determination on the merits.
Source excerpt
The Federal Court dismissed Novopharm’s appeals from trademark opposition decisions, holding the pleadings were insufficient and the colour tablet applications were adequately described.
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