Jane Lo

The plaintiff brought a motion for a status hearing and timetable under Rule 48.14 of the Rules of Civil Procedure, while the defendants sought to have the action dismissed for delay.

The court applied the two-part test from Khan v. Sun Life, requiring the plaintiff to show an acceptable explanation for the delay and that the defendants would suffer no non-compensable prejudice.

The court found the plaintiff's explanations for the delay, which included changing counsel and preparing summary judgment materials, to be credible.

Furthermore, the court determined the defendants would not suffer non-compensable prejudice, as a key witness had been located.

The court ordered the action to continue and directed the parties to agree on a timetable.

The moving defendants sought summary judgment dismissing claims arising from a motor vehicle collision allegedly caused by a boulder connected to landscaping work at neighbouring residential properties.

The plaintiff pursued liability based on private nuisance, public nuisance, and the rule in Rylands v. Fletcher after conceding other pleaded claims.

The court held that private nuisance does not apply to personal injury or damage to personal property, and that the alleged temporary presence of the boulder on the roadway did not satisfy the public interest element required for public nuisance.

The court further found that ordinary residential landscaping work is not a non-natural use of land for purposes of the Rylands v. Fletcher rule.

Summary judgment was granted and the claims against the moving defendants were dismissed.