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Appeal dismissed. The court held the Nisg̱a'a Nation had not shown a statutory or treaty right to be added as a defendant and upheld the case management order.
The court dismissed the Nisga'a Nation's application to be added as a defendant in a Gitanyow Aboriginal title claim, but ordered a later conference on statutory notice and participation rights.
The court dismissed most proposed amendments in a solicitor-negligence case, finding the new fiduciary, fraud, conspiracy, and spoliation claims were not properly pleaded.
The court dismissed broad discovery and production applications seeking forensic access to transit computer systems, finding them disproportionate and unsupported.
The court refused to strike or dismiss a strata governance petition based on a release, declined to add proposed respondents, and sent the matter to trial.
The court dismissed an application to add a party and amend pleadings, finding the revised claims remained inconsistent with Foss v. Harbottle and unfair to the defence.
Court granted a written-submissions application to add Justin Edward Groshok as a defendant, amend the notice of civil claim, and ordered each party to bear its own costs.
The court granted an application to add parties, replace a defendant by corporate amalgamation, move the proceeding to Vancouver, and permit amendment of the claim.
Application partly granted to correct misnomers and add parties in an NHW indemnity and subrogation dispute involving structural defects in a house.
Ontario law (Substitute Decisions Act) governs the validity of the Continuing Power of Attorney; however, the substantive law governing the tort and fiduciary accounting claims and the limitation periods is Nova Scotia law. The original action was timely. The proposed amendments as to the present defendant are not statute barred because the claim was not discoverable until March 2017 and, alternatively, fraudulent/wilful concealment and s.22 permit the amendments; the proposed addition of Kathleen Hartley is barred by the limitation period and cannot be added because she did not have sufficie…
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