Action dismissed for inordinate delay and repeated failure to comply with court orders regarding undertakings.
The defendants brought motions to dismiss the plaintiff's action for delay and for failure to comply with multiple court orders requiring her to answer undertakings given at her examination for discovery.
The plaintiff, a self-represented litigant, had failed to answer undertakings for nearly five years and breached several 'last chance' orders.
The court found the delay to be inordinate, inexcusable, and prejudicial to the defendants.
The court also found that the plaintiff's repeated failure to comply with interlocutory orders warranted dismissal.
The action was dismissed.
Costs of $96,013.32 awarded to successful plaintiff; court rejects purely quantitative approach to assessing counsel fees.
Following a successful summary judgment motion for breach of contract, the plaintiff sought costs of $96,013.32.
The defendant argued the amount was excessive based on a quantitative comparison of hours docketed by counsel.
The court rejected the purely quantitative approach, noting it undervalued the qualitative aspects of the case, including the fact that the plaintiff had to defend against a substantial setoff claim alleging breach of fiduciary duty.
The court awarded the plaintiff costs as requested.
Summary judgment Motion dismissed
The plaintiff, a former senior executive, moved for summary judgment to enforce payment of outstanding installments for the sale of his shares to the defendant company.
The defendant resisted, asserting an equitable setoff for alleged breaches of fiduciary duty and misappropriation of confidential information by the plaintiff after his departure.
The court found no genuine issue for trial regarding the alleged breaches of fiduciary duty or misappropriation of confidential information, dismissing the defendant's setoff claim.
The court granted summary judgment to the plaintiff for the present value of the outstanding share payments, determining an appropriate discount rate based on expert evidence.
