Simon's Legal Resources

Civil Litigation Dicta - Motions - Pleading

. Bridging Finance Inc. v. Sharpe

In Bridging Finance Inc. v. Sharpe (Ont CA, 2026) the Ontario Court of Appeal dismissed an appeal, here where "the motion judge found that jurisdiction simpliciter was established over the dispute. The motion judge also determined, on a forum non conveniens analysis, that Ontario is the most appropriate and convenient jurisdiction for the actions."

Here the court considered the adequacy of pleadings, here in a Notice of Motion:

[19] .... As noted by the motion judge, r. 37.01 of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194, require that a motion shall be made by Notice of Motion. The purpose of the Notice of Motion is to give notice to the other side of what the issues will be: 2183164 Ontario Inc. v. Gillani, 2013 ONSC 1456, 114 O.R. (3d) 676 (Div. Ct.), at para. 23. That did not occur in this case.

. Siemon v. Perth Standard Condominium Corporation

In Siemon v. Perth Standard Condominium Corporation (Ont CA, 2020) the Court of Appeal consider an argument that the relief granted was more than was pleaded by the other side:

[32].... While the notice of motion requested relief that was broader than what was granted, the motion judge had “broad remedial power to make any order [she] deem[ed] proper upon a finding that the conduct complained of [was] oppressive”: Walia Properties Ltd. v. York Condominium Corporation No. 478 (2007), 60 R.P.R. (4th) 203 (Ont. S.C.), at para. 31, rev’d in part 2008 ONCA 461, 67 R.P.R. (4th) 161. See also Noguera v. Condominium Corporation No. 22, 2020 ONCA 46, 10 R.P.R. (6th) 1, at paras. 18, 21. Ultimately, the declaratory relief granted by the motion judge, and the order requiring enforcement of the Declaration and By-laws with respect to the services agreement for all occupants of McCarthy Place was, as in Walia, the “least intrusive” remedy.