Calvin Darrell Bateman Hancock

The plaintiff, 366012 Ontario Inc., brought a status hearing motion under Rule 48.14(15) of the Rules of Civil Procedure to show cause why its action for alleged misappropriation of funds should not be dismissed for delay.

The court found that the plaintiff provided an acceptable explanation for the delay, which included health issues of its counsel, multiple changes in counsel, and scheduling conflicts with the defendants' counsel, as well as delays due to the COVID-19 pandemic.

The court also determined that the defendants would not suffer non-compensable prejudice if the action were allowed to proceed, despite the historical nature of the allegations and the health issues of some defendants.

The motion was granted, allowing the action to continue under a strict new timetable, with no costs awarded to either party.

Elke Kasanda, as Estate Trustee, sought directions for a trial of various issues, including the removal of co-trustees Helmut Sartarelli and D. Scott Murray, and disclosure of legal records from Murray concerning the deceased's estate planning and business sale.

The court dismissed the motion for disclosure of Murray's records, citing solicitor-client privilege and lack of evidence for waiver or exception.

The court adjourned the balance of the motion for directions, granting Elke leave to bring a separate motion to remove Helmut and Murray as Estate trustees, noting that such a motion does not require the same evidentiary threshold as a motion for directions under Rule 75.06.

Mediation was ordered, with costs to be borne by the Estate.

The court, on its own motion, considered dismissing the plaintiff's action under sub-rule 2.1.01 of the Ontario Rules of Civil Procedure for being frivolous, vexatious, and an abuse of process.

Despite being given notice and a 15-day period to provide written submissions, the plaintiff failed to respond.

Consequently, the action was dismissed.