Dr. Fred Langer

The defendant solicitor brought a motion to dismiss the plaintiff's solicitor negligence action for delay under Rule 24.01.

The underlying action related to a motor vehicle accident claim that was previously dismissed.

The court found the plaintiff's delay of nearly nine years to be inordinate and inexcusable, noting significant periods of inactivity and failure to answer undertakings.

The court also found actual prejudice to the defendant due to the loss of critical evidence, including the destruction of the underlying defence file, the death of a key medical expert, and the inability to locate the plaintiff's purported employer.

The motion was granted and the action was dismissed.

The plaintiff sued two doctors for medical malpractice, alleging that a failure to notify her of a referral appointment led to prolonged casting of her fractured fingers and a poorer outcome.

The court found that the referring doctor's office had properly notified the plaintiff of the appointment, which she failed to attend.

Furthermore, the court accepted expert evidence that the prolonged casting met the standard of care given the severity of the fractures, and that any delay in mobilization did not cause the plaintiff's permanent impairment.

The action was dismissed.

The moving party sought leave to appeal an order extending the time for the respondents to serve their statement of claim.

The statement of claim was issued just before the limitation period expired but was not served until more than four years later, and the respondents failed to provide the 120-day statutory notice under s. 258.3 of the Insurance Act.

The court granted leave to appeal, finding good reason to doubt the correctness of the motion judge's finding of no irremediable prejudice, and noting that the potential disregard of the statutory notice requirement is an issue of public importance.