R. Oliver

The plaintiff condominium corporation brought motions to extend the set down deadline in a 2012 construction deficiency action and to have a related 2017 solicitor's negligence action tried together with it.

The defendants in the construction action cross-moved to dismiss for delay.

The court granted the extension peremptorily to December 31, 2023, finding the delay adequately explained and no actual prejudice to the defendants.

The court dismissed the motion to try the actions together and instead stayed the solicitor's negligence action, finding the construction action significantly more complex and that a stay would prevent unnecessary duplication of resources.

The plaintiff brought a motion to set aside a registrar’s order dismissing his civil action as abandoned and sought extensions to validate or extend service of the statement of claim and amend the claim.

The underlying action alleged negligent investigation and malicious prosecution arising from a traffic stop and drug-related charges that were later stayed.

The court applied the contextual factors governing reinstatement of actions dismissed for delay, including explanation for delay, inadvertence, promptness of the motion, and prejudice to the defendants.

The court found the delay insufficiently explained, the evidence regarding counsel’s health issues unsubstantiated, and the motion not brought promptly after dismissal.

Presumed and potential actual prejudice to the defendants was not rebutted.

The court declined to set aside the dismissal order.

The applicants, comprising the First Leaside group of companies, sought an Initial Order under the Companies' Creditors Arrangement Act (CCAA) to conduct an orderly wind-down of their operations.

The court found that the applicants, viewed as a group, were insolvent and that the CCAA could be appropriately used for a liquidating proceeding.

The court also granted super-priority Administration and D&O Charges, dismissing arguments from secured creditors that provincial paramountcy issues precluded such priorities without further notice.