The court dismissed two personal injury actions due to the plaintiff's complete failure to comply with a timetable order and inordinate, inexcusable delay.
The defendants brought motions to dismiss two separate actions for the plaintiff's failure to comply with a previous court order and for inordinate and inexcusable delay under Rules 60.12, 24.01(1), and 48.14.
The court found the plaintiff's non-compliance with the order to be complete and unequivocal, with no adequate explanation for the significant delay, particularly after an indulgence was granted.
The court determined that the delay was inordinate and inexcusable, raising a substantial risk that a fair trial would not be possible due to a presumption of prejudice that the plaintiff failed to rebut, including concerns about the availability of medical records and witnesses.
Consequently, both actions were dismissed.
Application for accident benefits dismissed due to applicant's unexcused failure to attend an insurer's examination.
The applicant sought statutory accident benefits following a motor vehicle accident, which the insurer denied on the basis that the injuries fell within the Minor Injury Guideline (MIG).
The insurer raised a preliminary issue that the applicant was barred from proceeding because he failed to attend a scheduled insurer's examination (IE).
The Tribunal found that the applicant failed to provide a reasonable explanation for his non-attendance, thereby barring the appeal under s. 55(1)2 of the Schedule.
Although not required to decide the substantive issue, the Tribunal also concluded that the applicant failed to meet the onus of proving his physical and psychological injuries fell outside the MIG, preferring the insurer's expert evidence.
The appeal was dismissed.
