Madeline Ferreira

The plaintiff brought a motion under Rule 37.14 to set aside a registrar's order dismissing the action for delay.

The action arose from a slip and fall at a subway station.

The delay was largely attributed to communication issues, missing correspondence, and the plaintiff's former counsel's health issues.

Applying the Reid factors, the Master found that the delay was adequately explained, the failure to set down was inadvertent, and the defendant suffered no actual prejudice.

The motion was granted and the dismissal order was set aside.

The plaintiff sought damages for injuries allegedly sustained after falling from a subway platform onto the tracks at a Toronto subway station.

He claimed he slipped on a gluey or sticky substance on the platform and alleged negligence by the transit authority.

The court found the evidence of transit employees and an independent witness more credible and concluded the platform was clean and dry and that the plaintiff had walked off the platform edge.

The transit authority’s inspection, maintenance, and safety measures satisfied the duty of care under the Occupiers’ Liability Act.

Liability was therefore not established and the action was dismissed, though the court assessed damages that would have applied had negligence been proven.