Emily Lum

The plaintiff failed to attend the first day of a scheduled 10-day jury trial for a motor vehicle accident claim.

The plaintiff, who had previously been found to be a vexatious litigant, had also failed to attend recent pre-trial conferences and failed to produce required medical and financial evidence.

The court dismissed the action due to the plaintiff's non-attendance and lack of evidence, and awarded the defendant substantial indemnity costs of $100,000.

The appellants appealed a decision finding them liable for corporate oppression, removing them as directors, and ordering audited financial statements.

They challenged the application judge's refusal to order a winding up of the corporation and the award of substantial indemnity costs.

They also sought to raise a new limitation period defence regarding the financial statements.

The Divisional Court dismissed the appeal, finding no error in the discretionary refusal to wind up the company or the costs award, and declined to hear the new limitation period argument due to an inadequate evidentiary record.

The defendant moved to dismiss the plaintiff's personal injury action for delay and failure to comply with multiple court orders.

The action arose from a 2008 motor vehicle accident and had been plagued by delays, including being struck from the trial list and twice dismissed for delay.

The plaintiff, a party under disability, failed to retain counsel or comply with numerous undertakings and production orders despite multiple extensions.

The court found the delay inordinate and inexcusable, noting the plaintiff failed to rebut the presumption of prejudice.

The action was dismissed, but the court declined to award costs against the plaintiff.