COURT OF APPEAL FOR ONTARIO
Roberts, Coroza and Pomerance JJ.A.
BETWEEN
Flora Nabrotzky
Plaintiff (Appellant)
and
Steven McKague and Stephanie Currie
Defendants (Respondents)
Kenneth Peacocke, for the appellant
Alexandra Ferrier, for the respondents
Heard: in writing
On appeal from the order of Justice Scott N. Latimer of the Superior Court of Justice, dated August 25, 2025.
REASONS FOR DECISION
1The appellant appeals from the dismissal of her motion to set aside the order of the Registrar of the Superior Court of Justice that dismissed her action for delay.
2The parties have agreed to settle the appeal on the following terms:
The appeal is allowed and the orders of Latimer J. dated August 25, 2025 and October 15, 2025 are set aside, as is the order of the Registrar dismissing this matter for delay dated November 8, 2024.
The appellant’s action, Kitchener file CV-18-00000575-00SR, shall be reinstated.
Affidavits of documents shall be exchanged within sixty days of the date of this court’s order.
Examinations for discovery are to be completed within sixty days of the exchange of affidavits of documents.
This matter is to be set down for trial by the appellant within six months of the date of this court’s order.
In the event that the appellant does not meet any of the three deadlines set out in paragraphs 3, 4 and 5 herein, her action shall be dismissed for delay on motion by the respondents.
The appellant shall pay costs of this appeal to the respondents in the all-inclusive sum of $2,000.00 within thirty days of the date of this court’s order.
The costs of the motion, which is the subject of this appeal, previously awarded to the respondents by the motion judge in the amount of $12,000.00, are to be reserved to the judge hearing the trial of this matter.
This court’s order shall bear interest at the rate of 1.2% per annum from July 26, 2026, pursuant to the Courts of Justice Act.
3Having regard to all the circumstances, we agree that the justice of the case warrants allowing the appeal pursuant to the above terms. Accordingly, order to go in the form of the submitted draft consent order.
“L.B. Roberts J.A.”
“S. Coroza J.A.”
“R. Pomerance J.A.”