P. Danson

The plaintiff brought a motion to set aside a second order of the Registrar dismissing the action for delay.

The delay was primarily caused by the inadvertence of the plaintiff's former counsel and his staff in failing to schedule discoveries and extend the set down date.

Applying the four-part Reid test, the court found that the plaintiff provided a reasonable explanation for the delay, demonstrated an intention to proceed, moved promptly to set aside the order, and that the defendants would suffer no actual prejudice.

The motion was granted and the dismissal order was set aside.

The defendant brought a motion for security for costs against the foreign corporate plaintiffs.

The plaintiffs conceded entitlement to security for costs, leaving only the quantum in dispute.

The court considered the parties' conduct, the merits of the claim, and the applicable tariff rates, ultimately ordering the plaintiffs to post $33,000 as security for costs up to and including mediation.

The moving party sought to set aside service of a statement of claim served outside Ontario or, alternatively, a stay of the action.

The claim arose from a motor vehicle accident that occurred in Pennsylvania involving a Pennsylvania resident defendant and an Ontario resident plaintiff.

The court considered the requirements for service ex juris under Rule 17.02 of the Rules of Civil Procedure and the real and substantial connection test as articulated in Van Breda v. Village Resorts Ltd. The court found the plaintiff failed to establish a sufficient connection between the defendant and Ontario and provided inadequate evidence of damages or Ontario-based witnesses.

Service outside Ontario was therefore set aside.