Amrit Sandhu

This endorsement addresses the costs arising from the dismissal of the plaintiff's motion to vary an order setting aside a dismissal of her action and to extend time, which also resulted in the dismissal of her action.

The court awarded costs to the City of Toronto and Toronto Transit Commission, with a 10% reduction due to the plaintiff's financial situation.

However, the court declined to award costs to the third party, Guild Electric Limited, on the basis that the plaintiff did not initiate the third-party claim.

The plaintiff's slip and fall action was dismissed for delay under Rule 48.14.

The court subsequently set aside the dismissal and imposed a mandatory timetable.

The plaintiff breached multiple steps of the timetable, including failing to deliver a sworn affidavit of documents, failing to answer undertakings, and failing to attend mandatory mediation.

The plaintiff moved to vary the set-aside order and extend the time to set the action down for trial.

The court applied the Reid and Jadid factors, finding the plaintiff failed to provide a satisfactory explanation for the delay, did not miss the deadlines through inadvertence, and failed to rebut the presumption of prejudice to the defendants.

The motion was dismissed, and the action was dismissed.