Does the complexity of a plaintiff’s claim in Setterington affect the determination of whether the motion can proceed?
Ontario, Canada
The following excerpt is from Joseph Mancinelli v. Barrick Gold Corporation, 2014 ONSC 7431 (CanLII):
The motion judge’s approach to this factor appears to be in conflict with a number of other decisions. Indeed, there are many decisions on carriage motions where the complexity of claims has been one of the determining factors in denying carriage to the party attempting to advance the action with the more complicated claims. For example, this was a significant factor in Setterington itself at para. 18; in Whiting v. Menu Foods Operating Limited Partnership, [2007] O.J. No. 3996 (S.C.J.) at para. 29; in Sharma at para. 91 and in Smith at para. 309.
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