The defendant Attorney General of Canada brought a motion to dismiss the plaintiff’s action for failure to comply with documentary production obligations and court‑ordered timetables under the Rules of Civil Procedure.
The defendant argued the plaintiff had repeatedly breached production orders over many years and had effectively manipulated the court process.
The court held that although the plaintiff had not fully complied with certain production orders, the record demonstrated ongoing document production and substantial efforts by counsel to comply.
The alleged prejudice arising from delay was largely speculative and unsupported by evidence.
The court concluded the plaintiff had not abused the court process and that dismissal was unwarranted.