The plaintiff brought a motion for a status hearing and a timetable order to set the action down for trial.
The defendants opposed, seeking dismissal for delay.
The underlying action was a subrogated claim by TD Insurance for foundation damage to the plaintiff's home, allegedly caused by construction at the Chinese embassy.
The court dismissed the plaintiff's motion and the action for delay, finding that the plaintiff failed to provide an acceptable explanation for the delay and that the defendants would suffer non-compensable prejudice due to lack of transparency, failure to obtain a confidentiality order, inappropriate venue, and remediation work done without notice to the defendants.
Costs were awarded to the defendants on a substantial indemnity basis for PCL and fixed amounts for the other parties.
