Ashleigh A. Martin

The court considered a motion by the plaintiff, Ashley Francis, to set aside a Registrar’s dismissal order for delay and for summary judgment against the remaining defendants, Robert Schneider and Sherri Hughes.

The court refused to hear the summary judgment motion but granted the motion to set aside the dismissal, subject to a timetable for the action’s progress.

The decision reviews the application of the Reid factors for setting aside a dismissal, the contextual approach to delay, and the balancing of prejudice and public interest in deciding matters on their merits.

The plaintiff brought a motion seeking an order for mandatory mediation with the defendant by September 25, 2023.

The defendant opposed, arguing that mediation should be delayed until early 2024 to allow for the completion of outstanding undertakings crucial for a full appreciation of the claim.

The court ordered mediation to take place by October 31, 2023.

However, the court dismissed the plaintiff's request for costs, finding the motion unnecessary given the defendant's reasonable proposals for a slightly later mediation date and the plaintiff's failure to demonstrate prejudice.

The court awarded costs of $500 to the defendant, emphasizing the importance of cooperation, communication, and common sense in civil proceedings.

The applicant was injured in a motor vehicle accident and sought statutory accident benefits.

The parties disputed the hourly rate for attendant care benefits and whether the applicant was precluded from claiming housekeeping benefits due to a limitation period.

The arbitrator held that the rate for attendant care benefits is determined by the prevailing Form 1 under the Schedule, not the minimum wage under the Employment Standards Act.

The arbitrator also held that the applicant was precluded from arbitrating the housekeeping benefits claim because he failed to apply for mediation within two years of the insurer's clear and unequivocal denial.