The defendant, Mercedes-Benz (Thornhill), brought a motion seeking to set aside a costs order obtained by the plaintiff without proper notice, to dismiss the plaintiff's action for delay, and to establish a litigation timetable.
The plaintiff's counsel failed to appear at the hearing despite requesting an oral argument.
The court found that the plaintiff's counsel engaged in "sharp practice" by obtaining the costs order without proper notice and by misrepresenting the defendant's position.
The court set aside the costs order, imposed a detailed timetable for the action, and ordered the plaintiff's counsel to personally pay costs of $3,500 to the defendant due to his inappropriate conduct and failure to appear.
