Bradley Phillips

The appellant, a retired lawyer, sued the respondent alleging he was assaulted by other inmates while incarcerated for contempt of court.

The respondent successfully moved to dismiss the action for delay after the appellant failed to comply with a previous court order requiring him to provide an affidavit of documents, attend discovery, and set the action down for trial.

The Court of Appeal upheld the dismissal, finding the appellant's failure to comply was intentional, not satisfactorily explained, and gave rise to a substantial risk that a fair trial would not be possible.