Is it appropriate for the court to intervene in advance of the hearing of a motion or application?
Ontario, Canada
The following excerpt is from Bramer v The Toronto Lawn Tennis Club, 2017 ONSC 1737 (CanLII):
I agree with Ferguson J. that a special reason could arise in some cases where the impugned material is clearly inadmissible and to respond to it would entail unreasonable cost or effort or would result in voluminous additional materials being filed. Another example of a special reason could arise where an affidavit contains material that is clearly scandalous and vexatious, such as where it is clearly irrelevant and impugns the behaviour of a party. It has been held that, in such circumstances, it is proper for the court to intervene in advance of the hearing of the motion or application: Belokon v. Kyrgyz Republic, (2015), ONSC 5918, at paras. 21-24; leave to appeal denied: (2016), ONSC 1075 (Div. Ct.). Application of legal principles to this motion
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