The appellant appealed the motion judge's refusal to restore his wrongful dismissal action to the trial list.
The action had been struck from the trial list in 2016 after the appellant failed to diligently pursue documents from a third party (Siemens) that he claimed were necessary to prove his claim for unpaid commissions.
The Court of Appeal upheld the motion judge's decision, finding that the appellant had provided no reasonable explanation for his delay in obtaining the required documents and that the respondents would suffer non-compensable prejudice if the action were restored.
The appeal was dismissed with costs.
