The plaintiff, 366012 Ontario Inc., brought a status hearing motion under Rule 48.14(15) of the Rules of Civil Procedure to show cause why its action for alleged misappropriation of funds should not be dismissed for delay.
The court found that the plaintiff provided an acceptable explanation for the delay, which included health issues of its counsel, multiple changes in counsel, and scheduling conflicts with the defendants' counsel, as well as delays due to the COVID-19 pandemic.
The court also determined that the defendants would not suffer non-compensable prejudice if the action were allowed to proceed, despite the historical nature of the allegations and the health issues of some defendants.
The motion was granted, allowing the action to continue under a strict new timetable, with no costs awarded to either party.
