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The Federal Court dismissed a Rule 51 appeal and upheld substitution of the bankruptcy trustee as respondent under Rule 303, finding the trustee was directly affected by the relief sought.
Court refused to dismiss for want of prosecution, allowed substitution of named police officers, and permitted a further amended claim subject to pleading limits.
Appeal dismissed from an order granting security for costs. The court held the s. 38 BIA order did not make the creditor a plaintiff, so the corporate test applied.
The court dismissed an application to renew a notice of civil claim, finding the proposed defendant suffered actual prejudice from delayed notice and loss of records.
The Supreme Court of British Columbia dismissed post-judgment applications to reconsider a want-of-prosecution dismissal and to substitute an estate representative, leaving the issues to the Court of Appeal.
The court set aside default judgment against Eagle Mountain Farms (A Partnership), substituted Eagle Mountain Farms Ltd., and upheld judgment against the guarantors.
Application dismissed because the Smith factors do not support continuation: the appeal did not present rare or exceptional circumstances or issues evasive of appellate review; the trial judge adequately addressed identification and cross-racial concerns and the appellant failed to demonstrate a real prospect that continuation would produce a conclusive acquittal or other remedy justifying the expenditure of judicial resources on a moot appeal.
Source excerpt
Mayfair, as assignee of Holdings' and Seafoods' accounts receivable, may be substituted as plaintiff because the original action was commenced by Holdings within the limitation period and assignment transfers the benefit of that action; the defendant's sworn January 13, 2012 statements admitting amounts owed to Mariner Seafoods constituted a written acknowledgment that restarted the limitation period for Seafoods' claim; amendment to add allegations regarding the vessel is allowed as made in good faith and causes no uncompensable prejudice.
Source excerpt
The applicant lacked standing: she was not directly affected under s.18.1(1) of the Federal Courts Act and did not meet the test for public interest standing because the issue was not evasive of review, directly affected parties had opportunity and chose not to challenge the Board decision, and the applicant provided no evidence of a special interest; accordingly the application for judicial review was dismissed and the style of cause was amended to substitute the Attorney General of Canada for an improper party name.
Source excerpt
The court dismissed an appeal in a foreclosure proceeding and upheld substitution of an assignee as petitioner for the in rem portions of the order nisi.
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