The Downside Of Procedural Motions

It's an unfortunate reality that litigation counsel will sometimes utilize procedural motions to drive up costs or delay a proceeding.

Such motions are frowned upon by the court as was recently affirmed by the Superior Court of Justice in Olasz Scanning and Core Drilling Inc. v. J&S Mechanical Incorporated et al ("Core Drilling").

In Core Drilling the Plaintiff was forced to bring a motion to validate service of the Statement of Claim on the Defendant, Shakil Ahmad ("Ahmad") as a result of Ahmad's lawyer's refusal to accept service of the Statement of Claim on his behalf. By way of brief background, the Plaintiff made an unsuccessful attempt to serve Ahmad on Jun 7, 2024. Despite the fact that the Statement of Claim had not been served on Ahmad, on August 4, 2024, his counsel wrote to counsel for the Plaintiff advising that his offices had been retained by Ahmad in relation to the proceeding. The correspondence went on to discuss the merits of the Plaintiff's