Papp Plastics & Distributing Ltd. brought a motion for a status hearing and to set aside an inadvertent dismissal order of its action against The Boiler Inspection and Insurance Company of Canada (BI&I).
BI&I brought a cross-motion to dismiss the action for delay under Rule 24.01.
The court found the 11-year delay inordinate but excusable, considering the complexity of the case, a second loss event, and BI&I's agreement to consolidate actions and delay discoveries.
The court emphasized that dismissal for delay is an extreme remedy and that a defendant's complicity in delay and lack of demonstrable, non-compensable prejudice are crucial factors against dismissal.
The court granted Papp's motion to set aside the dismissal order and denied BI&I's cross-motion to dismiss for delay, ordering the action to be consolidated with a related Intact Action and a trial date to be scheduled.
