At a status hearing under Rule 48.14 of the Rules of Civil Procedure, the plaintiff was required to show cause why his oppression remedy action under the Ontario Business Corporations Act should not be dismissed for delay.
The court applied the established two-part test requiring an acceptable explanation for delay and absence of non-compensable prejudice to the defendants.
The evidence demonstrated that the plaintiff had taken multiple steps to advance the litigation, including motions, mediation, documentary disclosure, and the addition of a new defendant.
The defendants provided no evidence of prejudice.
The court held the plaintiff met the onus to show cause and permitted the action to proceed with a detailed litigation timetable.
