A. Fox

The plaintiff brought a motion to restore his action to the trial list after it was struck for delay.

The action, which arose from a 2012 incident alleging anti-Black racism during a fraud investigation, had been administratively dismissed in 2019 and struck from the trial list in 2020.

The court found that the plaintiff failed to provide an acceptable explanation for the extensive delays, which were largely due to counsel's inattention.

Furthermore, the court held that the defendants would suffer prejudice due to fading memories over the ten-year period since the incident.

The motion was denied and the action was dismissed.

The plaintiff bank brought a motion for default judgment against the defendant for an unpaid conditional sales agreement for a vehicle.

The bank sought monetary judgment and a declaration that the debt arose from fraudulent misrepresentations, aiming to prevent the debt from being released in a potential future bankruptcy.

The court granted the monetary judgment but dismissed the request for a declaration, finding the pleadings and evidence insufficient to establish fraud.

The court also held that it should not issue hypothetical declarations regarding bankruptcy exceptions before a bankruptcy proceeding actually arises.