. 1734934 Ontario Inc. v. Tortoise Restaurant Group Inc.
In 1734934 Ontario Inc. v. Tortoise Restaurant Group Inc. (Ont CA, 2022) the Court of Appeal heard an appeal of a Superior Court motion judge, which in turn had set aside a master's procedural order to add a party and amend a Claim. The progress of the case through the court was characterized as "nothing short of disgraceful", and - apparently due to this - the appealed rulings were denied on 'abuse of process' grounds. Reliance on 'abuse of process' seems to have been used by the two appeal courts courts due to (the otherwise generosity of) R26.01 ["On motion at any stage of an action the court shall grant leave to amend a pleading on such terms as are just, unless prejudice would result that could not be compensated for by costs or an adjournment."].
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