Evelyn Ten Cate

The defendant brought a motion to dismiss the plaintiff's claim due to her persistent non-compliance with court orders, including multiple costs awards, and her disruptive conduct.

The plaintiff, a self-represented litigant, had a history of abusing the court process, making baseless allegations of judicial corruption, and failing to adhere to procedural rules.

The court dismissed the plaintiff's cross-motion to vary a prior order and, while acknowledging the need for accommodation for self-represented litigants, found that the plaintiff's conduct warranted firm action.

The court stayed the plaintiff's action and prohibited further motions without leave, conditionally dismissing the claim if outstanding costs orders were not paid within 30 days.

The defendant insurer moved to dismiss or stay the plaintiff’s action for failure to pay several outstanding interlocutory costs awards and sought an order preventing the plaintiff from bringing further motions without leave.

The plaintiff, a self‑represented litigant, alleged the insurer wrongfully denied liability coverage following a motor vehicle accident and sought determination of coverage issues while facing related litigation.

The court weighed the policy objective of enforcing costs orders against fairness concerns arising from the ongoing liability dispute and the absence of a defence in the related action.

The court held that unpaid costs arising primarily from interlocutory appeals did not justify dismissing or staying the proceeding under Rule 57.03.

The motion was dismissed and the matter was permitted to proceed to trial to determine the insurance coverage dispute.