Court of Appeal for Ontario

Date: 2019-03-01 Docket: C65572

Judges: Simmons, Tulloch and Brown JJ.A.

Between

Sonia Chisholm Plaintiff (Appellant)

and

Bell Canada Defendant (Respondent)

Counsel

Sonia Chisholm, in person

Lisa Alleyne, for the respondent

Heard and released orally: March 1, 2019

On appeal from: the order of Justice Heather McArthur of the Superior Court dated May 10, 2018.

Reasons for Decision

[1] The appellant appeals from an order refusing her request to reinstate an action that was dismissed for delay.

[2] In February 2011 the appellant commenced an action against the respondent claiming $4,000,000 in damages on account of the respondent's refusal to provide her with telephone and other services. Through inadvertence the respondent failed to file a defence. In June 2011, the registrar declined to sign default judgment and directed the appellant to move for judgment before a judge. The appellant failed to bring a motion for judgment. On October 12, 2011, the action was dismissed for delay.

[3] Although the motion judge accepted the appellant's claim that she (the appellant) did not find out about the dismissal until January of 2018, the motion judge declined to reinstate the appellant's action. The motion judge found that the appellant let more than six years go by without taking any steps to advance this litigation because the appellant chose to focus on other litigation matters instead. The motion judge concluded that the appellant's delay was inordinate, that the delay had not been satisfactorily explained and that reinstating the action at this stage would undermine the finality principle.

[4] We see no error in these conclusions. Further we see no merit in the appellant's claims of want with jurisdiction or denial of natural justice. The appellant commenced the action. It was her responsibility to ensure that it proceeded. The motion judge properly concluded that reinstating the action would undermine the finality principle.

[5] The appeal is therefore dismissed.

[6] Costs of the appeal are to the respondent on a partial indemnity scale fixed in the amount of $500 inclusive of disbursements and applicable taxes.

"Janet Simmons J.A."

"M. Tulloch J.A."

"David Brown J.A."