Robert W. Baldwin

The plaintiff moved to set aside the registrar's dismissal of his claim, which had been ongoing for 23 years.

The court dismissed the motion, finding that the plaintiff failed to provide an adequate explanation for the inordinate delay in prosecuting the action.

The court also determined that the plaintiff could not rebut the presumption of non-compensable prejudice suffered by the defendants due to the passage of time, including unavailable witnesses and documents.

The court noted the action had been previously dismissed and reinstated, and the plaintiff still could not satisfy the requirements to set the matter down for trial.

The plaintiff brought a motion for summary judgment against the individual defendant for repayment of a USD$1 million loan and over $400,000 in interest.

The funds had been advanced to a corporate entity controlled by the defendant, who failed to account for them.

Applying the Hryniak framework, the court found no genuine issue requiring a trial regarding the principal amount, as the defendant provided no credible explanation for the missing funds.

However, the court found a trial was necessary to determine if the defendant was personally liable for the contractual interest rate.