Court File and Parties

Court File No.: CV-23-00000022-0000 Date: 2024Oct24 Superior Court of Justice - Ontario

Re: DOUGLAS BRODIE, DONALD R. BRODIE, and ELIZABETH STILES in their capacity as Estate Trustees of THE ESTATE OF DONALD BRODIE, deceased, Plaintiffs And: DALE MOSES, Defendant

Before: Carey J.

Counsel: David M. Adams, for the Plaintiffs Self-represented, Defendant

Heard: October 24, 2024 at Napanee

Endorsement

[1] Today’s date was pre-emptory on the defendant to attend virtually. He advised counsel by email at 8:31 a.m. that he was “unable to attend court and would file a medical note today.” Mr. Moses had previously indicated his availability for today by Zoom. No reason why he was prevented to appearing by Zoom was provided.

[2] I am satisfied on the record before me that Mr. Moses has been and continues to intentionally delay this matter in order to avoid responsibility for his actions in this case.

[3] This is a simple breach of contract lawsuit arising out of his alleged failure to close the purchase of the late Mr. Brodie’s property. Given my finding of intentional delay, the Defence will be struck and Judgment will issue with costs to the Plaintiff per the Bill of Costs filed.

Carey J. Date: October 24, 2024