In a construction lien reference, the defendants moved for judgment enforcing a consent to judgment executed by the plaintiff after the plaintiff failed to post agreed security for costs.
The plaintiff had repeatedly breached court orders, including deadlines for undertakings, document production, and service of trial evidence.
The court exercised discretion to enforce the consent to judgment and considered the plaintiff’s repeated non-compliance and apparent inability or unwillingness to prosecute the action.
The motion judge held that these breaches undermined the plaintiff’s bona fide intention to proceed to trial.
Judgment was granted dismissing the plaintiff’s claim, discharging the lien, and discontinuing the defendants’ counterclaim.
