Sean L. Gosnell

The defendants brought motions to dismiss the plaintiff's action for delay and for breach of a prior consent order.

The court declined to enforce the consent order's limitation on opposition, finding it would cause a clear injustice to the plaintiff due to counsel's failures.

However, the court found inordinate and inexcusable delay by the plaintiff's counsel over a period of six years, which created a substantial risk that a fair trial would no longer be possible.

The plaintiff failed to rebut the presumption of prejudice arising from the lengthy delay and the age of the underlying transactions (15-20 years old).

Consequently, the action was dismissed for delay.

This decision addresses five separate motions brought by the plaintiffs to reinstate administratively dismissed actions or extend time for filing/serving Statements of Claim, after 14 years of litigation with minimal progress.

The court dismissed all motions, finding that the plaintiffs had abused the process by repeatedly attempting to re-litigate issues already decided, misusing court procedures for investigative purposes rather than advancing claims, consistently ignoring court orders and timetables, and failing to properly manage their claims and expert evidence.

The court relied on its inherent jurisdiction to manage its process, concluding that the delay was inordinate and inexplicable, and that "enough is enough."

The claimant sought a ruling that costs incurred in Superior Court proceedings, which were ultimately found to be without jurisdiction for assessment by a judge, should be included as part of the expropriation costs to be assessed by an assessment officer.

The respondent argued that these costs should not be awarded as the court lacked jurisdiction and the respondent was not at fault.

The court declined to make a determination on the Superior Court costs, instead referring the question of entitlement and quantum to the assessment officer conducting the expropriation costs assessment, noting that both parties shared the misapprehension of the court's jurisdiction.

A law firm sought default judgment for unpaid legal fees arising from representation of the defendant and related corporations in environmental regulatory appeals.

The defendants were noted in default and the allegations in the pleadings were deemed admitted.

Evidence established that the defendants owed substantial unpaid accounts and had engaged in asset transfers through corporations and a spouse to shield property from creditors.

The court found the transactions constituted fraudulent conveyances and that the corporations functioned as alter egos of the individual defendant.

The court pierced the corporate veil in reverse, voided the impugned conveyance and mortgage, and allowed judgment to be enforced against the properties.