2024 NSSC 315 (Motion for Stay and Recusal)
- Plaintiffs (DLF Law Practice Inc. and Donn Fraser) sought a stay of proceedings pending an appeal in a separate case (MacIntosh action) and requested Justice Norton’s recusal, citing alleged bias.
- The court dismissed the stay request, finding no substantial overlap between the cases to warrant delaying proceedings.
- The recusal motion was also dismissed, with the judge ruling that the plaintiffs failed to establish a reasonable apprehension of bias.
- No costs were awarded.
2025 NSSC 71 (Motion to Strike Pleadings)
- Certain defendants moved to strike portions of the plaintiffs’ pleadings, arguing they were overly broad, repetitive, contained scandalous allegations, or lacked required particulars.
- The court found some pleadings regarding conspiracy and defamation lacked specificity and ordered them struck but granted plaintiffs leave to amend with detailed particulars.
- Allegations against non-parties were struck as improper collateral attacks.
- The court allowed four weeks for amended pleadings and three weeks for defendants' responses.
- Costs submissions were permitted if parties could not agree.
Outcome
- The case proceeds under case management.
- The plaintiffs’ pleadings require revision; failure to amend properly may limit claims.
- Justice Norton remains on the case, and no stay was granted.
- No damages were awarded to any party.