2 total
Delay and lost records justified dismissal of the action and striking of the defence.
On a motion arising from a long-delayed civil action alleging employee misappropriation and a counterclaim alleging wrongful dismissal and defamation, the court dismissed the plaintiff corporation's main action and struck the reply and defence to counterclaim for delay.
Applying the Rule 24 delay-dismissal framework, the court found inexcusable delay and non-compensable prejudice because critical banking and patient records had likely been destroyed under document retention policies and witness memory had faded.
The court refused to dismiss the counterclaim against the individual defendant to counterclaim personally, but granted leave for him to act for the corporate party.
The balance of the responding parties' motion, including restoration to the trial list, was dismissed.
Civil contempt sanctions imposed including fine and custodial sentence for persistent non‑compliance.
The court imposed sanctions following a prior finding of civil contempt against a corporate respondent that failed to comply with court orders requiring disclosure and return of leased equipment.
Despite multiple opportunities to purge the contempt, the corporation and its controlling officer continued to ignore the orders and failed to appear at the sanctions hearing.
Applying factors from appellate and prior Superior Court jurisprudence concerning proportionality, mitigating and aggravating circumstances, deterrence, and denunciation, the court concluded that significant sanctions were required.
The corporation was fined and its sole officer and director was sentenced to a custodial term, with a warrant of committal issued unless compliance occurred.
The incarceration order could be set aside or shortened if the contemnor complied with the earlier court orders.
