The plaintiff corporation, 10490423 Canada Inc., commenced an action seeking declaratory relief and damages.
The defendant, 1951584 Ontario Inc., brought a motion to dismiss the action due to the plaintiff's failure to comply with two court orders regarding legal representation and overall delay.
The court found that the plaintiff failed to comply with the orders to appoint new counsel or obtain leave for non-lawyer representation, and also failed to demonstrate diligent efforts to secure representation.
Consequently, the court dismissed the action in its entirety based on the non-compliance with court orders.
The separate ground for dismissal based on overall delay was dismissed due to insufficient evidence to meet the required criteria for prejudice.
