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The motion judge did not err: the statement of claim was properly found duplicative, frivolous and an abuse of process and could be struck under rr.21.01(3)(c),(d) and r.25.11; leave to amend was properly refused; the permanent stay and striking of the claim are affirmed and the appeal is dismissed.
Source excerpt
The Court of Appeal set aside an aggravated assault conviction under Kienapple and permanently stayed that charge, but upheld an eight-year attempted murder sentence.
Court declined Plaintiffs' request to waive costs for policy reasons, applied Tariff C, found the hearings consumed more than one and a half days and were unusually complex, set a $3,000 base under Tariff C and applied a multiplier of three for complexity and importance, awarding $9,000 inclusive of HST to the Plaintiffs payable forthwith and jointly and severally against the Defendants.
Source excerpt
The Federal Court held that the admissibility proceeding against Juan Jose Beltran was an abuse of process because ministerial delay prejudiced his defence, and it imposed a conditional stay.
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