The defendant, The Cadillac Fairview Corporation, brought a motion to dismiss the plaintiff's action for delay under Rule 24.01(1)(c) or, alternatively, to impose a timetable.
The plaintiff, Joanne Tsivaras, opposed the dismissal.
The court found that while there was a lengthy delay, it was not sufficiently inordinate or prejudicial to warrant dismissal, allowing the action to proceed.
The court granted the alternative request for a timetable and awarded partial indemnity costs to the defendants.
A separate hearing was ordered to determine whether the plaintiff or her lawyers (Pace Law Firm) should bear the costs liability, due to concerns about the law firm's conduct regarding file management and communication.
