In a Commercial List proceeding, defence counsel attempted to schedule a 9:30 a.m. attendance to arrange a motion to set aside a noting in default, but plaintiff’s counsel refused to consent to any scheduling and failed to attend the appointment.
The court addressed the obligations of counsel practicing on the Commercial List, emphasizing the importance of cooperation, communication, and common sense in advancing proceedings efficiently.
The judge criticized the use of counsel’s personal scheduling conflicts as a justification to avoid prompt 9:30 attendances and found the plaintiff’s counsel’s conduct obstructive to the scheduling process.
The court restricted the plaintiff from taking further procedural steps without approval and ordered a peremptory case conference.
The decision reiterates that counsel cannot rely on their calendars to impede the progress of Commercial List matters.
