The defendant 2075750 Ontario Inc. brought a motion to dismiss the plaintiffs' action for specific performance or damages arising from a failed real estate transaction.
The motion was based on the plaintiffs' repeated and intentional breaches of production obligations, delay tactics, and the resulting demonstrable prejudice to the defendant, including lost documents and faded memories.
The plaintiffs opposed, arguing that the delay was not inordinate, that 2075750 Ontario Inc. also caused delay, and that no actual prejudice was shown.
The court found that the plaintiffs deliberately and wholly ignored the Rules of Civil Procedure regarding document production, intentionally withheld critical evidence, and engaged in a pattern of delay, causing actual prejudice to the defendant's ability to have a fair trial.
The court dismissed the plaintiffs' action in its entirety with costs and ordered the deletion of instruments from the property title.
