The defendant, Hudson's Bay Company (HBC), moved to dismiss the plaintiff David Smith's action for delay and breaches of a trial timetable order in a construction lien reference.
The court found that a motion to dismiss for delay under Rule 27.01(1)(c) was inconsistent with the Construction Lien Act's statutory timelines.
It also determined that the trial timetable order was not peremptory, and Smith's breaches, while not condoned, did not amount to intentional or contumelious conduct warranting dismissal.
The court had already imposed sanctions by barring certain evidence.
The motion to dismiss was denied, and the trial was rescheduled with further directions regarding evidence admissibility.
