The defendants, the Estate of Norman A. Peel and Canadian Imperial Bank of Commerce (CIBC), brought motions to dismiss the plaintiff's action for a construction lien.
CIBC sought dismissal due to the plaintiff's failure to appoint new counsel or serve a notice of intention to act in person after his second lawyer was removed from the record.
The Estate also sought dismissal for failure to comply with the removal order and for not meaningfully pursuing the litigation.
The court found that while there were delays, the plaintiff was not solely responsible for them and had acted promptly upon becoming aware of the removal order.
The court emphasized that dismissal is a draconian remedy and found no non-compensable prejudice to the defendants.
The motions to dismiss were denied, and the action was restored to the trial list, with the plaintiff ordered to pay costs to the defendants.
