Background

• Parties: AIG Insurance Company of Canada (Plaintiff) vs. Liliana Kostic (Defendant).
• Context: Decision on Ms. Kostic’s applications for summary judgment and dismissal against AIG, initially dismissed by Justice Robert A. Graesser.

Reconsideration

• New Submissions: Post-decision, Ms. Kostic submitted additional arguments; AIG’s counsel responded.
• Judicial Review: The judge reviewed but found no new grounds to change the previous decision.

Legal Findings

• Charter Claims: Dismissed as the Charter does not apply to private parties like AIG.
• Fiat Process: All applications require leave (fiat), including those from self-represented litigants.
• Case Law: Emphasized case-specific and contextual nature of dismissal rules.
• Counterclaims: Recognized as independent but interconnected with the main claim in this case.

Procedural Issues

• Leave Requirement: Confirmed for all applications in case management.
• Three-Year Limitation: Starts from the last significant action, not from the claim filing.
• Amendments & RJL: Any amendments or adding parties require proper fiat applications.

Conclusion

• Decision Unchanged: No new factual basis found in Ms. Kostic’s additional submissions to alter the decision.
• New Applications: Ms. Kostic must file new fiat applications to amend her statement of defence or add RJL as a party.

Key Points

• Judicial Discretion: Emphasized in managing beneficial applications.
• Evidence: Complex cases require thorough evidence, with no shortcuts in the process.

Next Steps

• Submit new fiat applications for further procedural changes, ensuring proper service to all relevant parties.

Costs???????

• Not specified.