Beaubier T.C.J., (orally): (L54/R3654/T0/BT0) test_marked_paragraph_end (1804) 1.012 0646_8317_8479
These motions pursuant to the General Procedure were heard together at Toronto, Ontario, pursuant to rules 54 and 132 for leave to amend notice of appeal as particularized therein. In essence, each wishes to withdraw an admission that he was a director of 605892 Ontario Inc. (605892) in respect to assessments for liability under various statutes for employee withholdings.
The admissions, which are the subject of each motion, were made in the notices of appeal. The appellants had made them previously in their own letters and in notices of objection. It appears that after the notices of appeal were filed, the appellants’ counsel finally obtained 605892‘s minute book from its previous counsel. Thereupon, it was discovered that there were no minutes recording their election as directors, and as a result, the motions to amend were launched. The motions are opposed.
In this court’s view, that set of occurrences constitutes an admission in pleadings by inadvertence. On this basis, the motions were brought within a reasonable time, and they will not delay trial. The appellants’ submissions and 605892’s corporate filings may have, in at least part, caused the respondent not to assess the other possible directors, but all of that appears to have occurred before this action.
Finally, and most important, the amendments will cause the matters to be dealt with on their merits.
For the foregoing reasons, it is ordered:
(1) Each motion is granted, and the amended notice of appeal is deemed filed immediately.
(2) The respondent is given until noon on September 28, 1998 in which to file and serve its amended reply in each appeal.
(3) The respondent is granted leave to further examine each appellant for discovery, at that appellant’s cost, and to include party-and-party costs on or before October 12th, 1998.
(4) Each appellant shall comply with any undertakings arising from that further examination for discovery on or before October 23, 1998.
(5) Each appellant shall pay to the respondent counsel on or before noon on September 28, 1998 costs of $600.00 respecting these motions.
Application allowed.
Email this Content