Bonnea Channe

The Peel District School Board (PDSB) brought a motion to dismiss the plaintiffs' action for delay, approximately eight years after its commencement.

The action had not progressed beyond the pleadings stage.

The court applied the test for dismissal for delay, finding the delay inordinate and inexcusable.

Despite the plaintiffs' assertion that the delay was due to their former lawyer's misconduct, they failed to provide direct evidence to support this claim or rebut the presumption of prejudice.

The court found that the delay created a substantial risk that a fair trial would not be possible, and consequently, granted the PDSB's motion, dismissing the action.

The applicants sought an interlocutory injunction to restrain the Toronto Transit Commission from implementing random drug and alcohol testing for safety-sensitive employees pending the outcome of a policy grievance arbitration.

The court applied the RJR-MacDonald test and found that while there was a serious issue to be tried, the applicants failed to demonstrate irreparable harm, as any privacy breaches or wrongful dismissals could be compensated with damages.

Furthermore, the balance of convenience favoured the respondent due to the significant public interest in transit safety and evidence of a workplace drug and alcohol problem.

The motion for an injunction was dismissed.

The plaintiff brought a motion to set aside a registrar's order dismissing his wrongful dismissal action for delay.

The action was dismissed after the plaintiff failed to respond to a status notice.

The plaintiff's counsel argued the delay was due to the plaintiff's diagnosis with a brain tumour and subsequent death, which made obtaining instructions difficult.

The court applied the Reid factors and found that while the medical condition explained some delay, it did not excuse the failure to request a status hearing or the 11-month delay in bringing the motion to set aside.

Furthermore, the plaintiff failed to rebut the presumption of prejudice to the defendant, and actual prejudice was found due to the plaintiff's death and the loss of evidence regarding mitigation.

The motion was dismissed.