Purchase This Domain

Civil procedure — Abuse of process — Duplicative claims — Appellant’s 2019 action dismissed as an abuse of process due to replication of claims previously litigated in her 2021 action — Whether dismissal of the 2021 action as limitations-barred precludes a finding of abuse of process — Abuse of process doctrine protects fairness and integrity of court processes — Motion judge’s decision upheldCivil procedure — Adjournments — Discretion of motion judge — Appellant sought adjournment of motion to await outcome of appeal from dismissal of 2021 action — Motion judge declined adjournment, finding no prejudice to either proceeding — High degree of deference to discretionary decisions on adjournments — No error foundCivil procedure — Amendments to pleadings — Leave to amend — Motion judge refused leave to amend appellant’s statement of claim due to radical defects incapable of being cured — Appellant failed to provide draft amendments or proposed language to address defects — Leave to amend properly deniedProfessional responsibility — Crown counsel — Absolute privilege — Appellant alleged negligence and misconduct by Crown counsel, Premier, Attorney General, and judiciary — Motion judge struck claims as disclosing no reasonable cause of action — Crown counsel owed no duty of care to appellant — Absolute privilege applied to Crown counsel and judiciary — No error in striking claimsTorts — Costs awards — Leave to appeal — Appellant sought to challenge motion judge’s costs award without seeking leave to appeal — Leave required to appeal discretionary costs awards — No strong grounds to interfere with costs award — Costs fixed at $3,000 payable by appellant

Environment — Wetlands — Berm construction — Nuisance — Appellant constructed a berm that impeded water flow on property containing provincially designated wetlands — Did the trial judge err in finding that the berm breached municipal bylaws and caused a nuisance? — Trial judge’s findings supported by the record and entitled to deference — No error in the trial judge’s decisionMunicipalities — Bylaws — Enforcement — Appellant’s berm found to breach municipal bylaws — Respondent authorized to enter appellant’s property to perform remediation work — Did the trial judge err in finding the berm in breach of municipal bylaws? — Trial judge’s decision upheld as careful and thoroughTorts — Contempt of court — Appellant failed to comply with a 2014 court order requiring removal of the berm — Trial judge found appellant in contempt and imposed a $10,000 fine — Did the trial judge err in finding the appellant in contempt? — Orders were clear, appellant knew of them, and failed to comply — Findings entitled to deferenceCivil procedure — Pleadings — Amendments — Appellant sought to amend pleadings to argue respondent failed to mitigate damages — Trial judge refused amendment and found appellant could not meet burden of proof — Did the trial judge err in refusing the amendment? — No error in trial judge’s decision — Findings supported by the record

Family — Matrimonial home — Sale proceeds — Stay of release — Family law dispute involving decision-making authority, child support, equalization, and sale of properties — Should the release of matrimonial home sale proceeds be stayed pending appeal? — Rule 63.01(1) of the Rules of Civil Procedure applies to stay the release of funds until the appeal is resolvedCivil procedure — Stay of proceedings — Demonstrable hardship — Motion to lift stay under Rule 63.01(5) — Moving party sought release of funds to complete house purchase and pay legal expenses — Did the moving party demonstrate unusual hardship to justify lifting the stay? — Burden of proof not met; no irremediable hardship shownCivil procedure — Extension of time — Panel review — Motion for extension of time to seek panel review of prior decision — Test from Frey v. MacDonald applied — Timing, delay explanation, prejudice, and merits considered — Should the extension of time be granted? — Overall justice of the case required denial of the extensionFamily — Commercial property — Stay of enforcement — Motion to stay enforcement of trial judge’s order regarding sale of commercial property — Moving party failed to demonstrate irremediable hardship — Should enforcement of the order be stayed pending appeal? — Appeal scheduled; no stay granted