2 total
Appeal of dismissal for delay dismissed; inordinate delay can itself establish prejudice.
The appellants commenced an action in 2017 for negligent investigation and malicious prosecution.
After years of delay and failure to comply with a timetable order, the motion judge dismissed the action for delay in 2025.
On appeal, the appellants argued the motion judge erred in finding the delay was intentional and in failing to specifically find prejudice.
The Court of Appeal dismissed the appeal, holding that the motion judge's finding of intentional delay was supported by the record and that inordinate delay can itself be prejudicial, with the burden on the appellants to disprove prejudice.
Partial summary judgment motion refused as inefficient and unsuitable.
In this slip and fall action, one defendant sought leave at a case conference to bring a partial summary judgment motion on duty of care and limitation issues.
The plaintiff opposed the request on the basis that the action would continue against other defendants, the moving defendant would still be a trial witness, and credibility and expert issues remained live.
The court held the proposed motion was not appropriate because it would delay trial scheduling, was unlikely to be materially more cost-effective than trial, and risked inconsistent findings on issues intertwined with the main action.
The request to proceed by summary judgment was therefore refused.
