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Posts Categorized: Court Procedure
53 ResultsWhen Is It Too Late To File A Notice Of Objection To The Appointment Of An Estate Trustee?
In a recent case, the court had to determine if a notice of objection to the issuance of an appointment of an estate trustee could be filed after summary judgment had been granted, striking another objector’s objections as invalid and a certificate of appointment had been issued to the estate trustees. By way of background, the…read more
Keep the Trains Running: The Importance of a Status Hearing
In a recent decision by the Ontario Court of Appeal, the court turned its attention to a frequently encountered issue in civil litigation: under what circumstances should an action be dismissed for delay by the court following a status hearing? The appellant (plaintiff) appealed a lower court order dismissing the action for delay after a status hearing….read more
The Doctrine of Abuse of Process
The Supreme Court of Canada had this to say about abuse of process: The doctrine of abuse of process engages the inherent power of the court to prevent the misuse of its procedure in a way that would be manifestly unfair to a party to the litigation before it or would in some other way…read more