The appellant's personal injury action arising from a motor vehicle accident was dismissed by the motion judge due to her failure to fulfill undertakings given during examinations for discovery while self-represented.
The Court of Appeal allowed the appeal and reinstated the action, finding that the motion judge failed to balance the prejudice to the appellant against any prejudice to the respondents, who provided no evidence of prejudice.
The court emphasized that a potentially meritorious claim should not be dismissed on procedural grounds unless the defendant demonstrates prejudice to their ability to defend the claim.
