What is the test for a judge to reject allegations of prejudice at a preliminary status hearing?
Ontario, Canada
The following excerpt is from Oberding v. Sun Life Financial, 2010 ONSC 3303 (CanLII):
The plaintiff relied principally on the decision of Gibson J. in Clements v. Greenlaw, [2009] O.J. No. 2688 as support for his position that a status hearing is principally a case management tool and is not intended to be used, at least at an initial status hearing, to dismiss an action. He argues that it was open to the status hearing judge to reject the plaintiff’s allegations of prejudice, which he characterizes as bald assertions, and to accept the plaintiff’s oral submissions that the defendant would not be prejudiced if the action continued.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In what circumstances will a judge step aside from hearing a motion alleging bias? (Ontario, Canada)
Is there any prejudice or prejudice against Respondent Respondents to an application for adjournment of a hearing? (Ontario, Canada)
Is there any prejudice or prejudice against the respondent if the respondent has been delayed in applying for a hearing? (Ontario, Canada)
In considering his role as a preliminary inquiry judge, what is the proper approach to assess all of the evidence at the preliminary inquiry? (Ontario, Canada)
What is a jurisdictional error for a preliminary hearing judge to commit a person to trial? (Ontario, Canada)
Does a defendant have to demonstrate prejudice at a status hearing? (Ontario, Canada)
In what circumstances will a judge in a sexual assault case be found to have objected to the words of the Judge at the trial of the accused? (Ontario, Canada)
Does the alleged inadequacy of the trial judge's instructions affect the outcome of the appeal? (Ontario, Canada)
Does there have to be a "substantial nexus" between the alleged negligence of an appellant in a medical malpractice case and the alleged loss of a patient? (Ontario, Canada)
In a non-jury sexual assault action, in what circumstances will the judge and jury consider the issue of delay and prejudice? (Ontario, Canada)
