E. Adams

The plaintiffs brought a motion to vary timetable orders to extend the set down date for trial in an action concerning alleged manufacturing defects in water pipes.

The action had been delayed for several years, primarily due to the plaintiffs' failure to answer undertakings from discoveries.

Applying the Reid factors, the court found that the plaintiffs failed to provide an adequate explanation for the delay, did not demonstrate inadvertence, failed to bring the motion promptly, and did not rebut the presumption of prejudice to the defendants.

The motion was dismissed.

The applicant sought a declaration that his automobile insurer had a duty to defend him in a civil action.

The underlying action alleged the applicant committed a public nuisance and caused hearing damage by playing loud music from externally powered speakers placed in the rear hatch of his parked vehicle during a protest.

Applying the Amos test, the court found that the vehicle was merely used as a platform for the speakers and the alleged tort did not arise from the ordinary and well-known use and operation of an automobile.

The application was dismissed.