The defendants brought a motion to dismiss the plaintiff's claim, strike its defence to counterclaim, discharge its lien, and amend the trial timetable due to the plaintiff's persistent non-compliance with court orders, including failure to serve trial affidavits.
The plaintiff, a sole proprietorship, was unrepresented and did not appear at the motion hearing.
The court validated courier service of the motion record on the unrepresented plaintiff.
The motion was granted in part: the plaintiff's action was dismissed, and its lien discharged, with security to be returned.
However, the order striking the plaintiff's defence to counterclaim was denied, and the dismissal and discharge orders were stayed until a future hearing to afford the unrepresented plaintiff a final opportunity to address non-compliance.
Trial dates were reduced, and costs were awarded to the defendants.
