The registrar issued a Status Notice as the plaintiff's action for long-term disability benefits had not been set down for trial within two years.
The plaintiff requested a Status Hearing to show cause why the action should not be dismissed for delay.
The delay was largely due to the plaintiff's counsel losing contact with him and the complexity of parallel tort and WSIB proceedings.
The defendant insurer had also counterclaimed for an overpayment based on a WSIB offset.
The Master found the plaintiff's explanation for the delay acceptable and noted no non-compensable prejudice to the defendant, particularly since the counterclaim relied on the same factual matrix.
The action was permitted to proceed.
