In a Commercial List proceeding involving allegations of fraudulent client statements and failure to supervise a securities representative, the court addressed repeated failures by the parties to comply with procedural timetables and case management orders.
The action had been scheduled twice for summary judgment but the parties failed to complete materials and examinations.
The court previously directed the matter to proceed as a hybrid trial with affidavit evidence-in-chief and cross‑examination at trial, but a self‑represented defendant failed to comply with orders to deliver evidence and served a deficient statement of defence consisting of a blanket denial.
At a further case management attendance, the court declined to make additional procedural orders and instead required the parties to choose between continuing under the hybrid trial timetable on the Commercial List or pursuing conventional discovery under the Rules of Civil Procedure, in which case the matter would be transferred to the Civil List.
