Monday, April 7, 2014

Non-suit in a Simplified Procedure trial

Sharafbayani v. Jackson Roofing Corporation, 2014 ONCA 271 refers to the process for non-suit in a Simplified Procedure case.  While not expressly approving the trial judge’s approach the Court does not disapprove the approach and it may be taken as proper:

[2]          The appellant moved for a non-suit at the conclusion of the respondent’s case. In her ruling on the procedure to be followed on the non-suit motion, reported at 2011 ONSC 2707, the trial judge held that in an action under the simplified rules, a defendant moving for a non-suit is required to elect whether to call evidence, in the manner described by Laskin J.A. in FL Receivables Trust 2002-A (Administrator of) v. Cobrand Foods Ltd. (2007), 85 O.R. (3d) 561 (C.A.), at paras. 12-14. Following this ruling, the appellant withdrew its non-suit motion, abandoned its counterclaim on its invoice, and elected to call no evidence.

1 comment:

Lyster Exterior said...

Very intresting and useful article.
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