M. Bufton

The plaintiff brought a motion to extend the time to set the action down for trial and avoid administrative dismissal under Rule 48.14.

The underlying action involved a family dispute over a beneficial interest in a property.

The court found that the plaintiff provided an acceptable explanation for the delay, citing personal difficulties and issues retaining counsel.

Furthermore, the defendant failed to demonstrate any non-compensable prejudice resulting from the delay.

The motion was granted, allowing the action to proceed, but costs were awarded to the defendant as the plaintiff was seeking an indulgence.

The court determined costs following the disposition of a civil action involving claims, counterclaims, and third party proceedings.

The third party claims and counterclaims were deemed dismissed under Rules 24.04 and 24.03 of the Rules of Civil Procedure.

The court held that the plaintiff should indemnify the defendants for any costs payable to the third parties and awarded partial indemnity costs to the defendants for defending the action and for the third party claims.

Costs were fixed for motions, third party proceedings, and the main action in favour of both groups of defendants, with reductions reflecting reasonable expectations and prior related litigation.