Tegan V. Stairs

The defendants, McDonald Brothers Construction Inc. et al., brought a motion to dismiss the plaintiff's claim for delay under Rule 24.01 of the Rules of Civil Procedure.

The action, commenced in 2016, had seen no progress since discoveries in 2018, and the plaintiff failed to comply with a 2019 order to retain new counsel.

The court found the delay to be inordinate and inexcusable, rejecting the plaintiff's explanations related to personal health, financial difficulties, and the pandemic.

Despite no finding of intentional or contumelious conduct, the plaintiff failed to rebut the presumption of prejudice arising from the delay.

The motion was granted, and the action was dismissed with costs awarded to the defendants.

The plaintiff sought judgment against the defendants for breach of a credit agreement and minutes of settlement, including specific pre-judgment and post-judgment interest rates.

The motion was brought without notice based on the minutes of settlement.

The court adjourned the motion, finding insufficient evidence to justify the agreed-upon interest rates (12% pre-judgment, 24% post-judgment) which deviated from statutory rates, and questioning the validity of notice given discrepancies in email addresses and the requested judgment differing from the consented draft.

The court required the plaintiff to provide further evidence, ensure proper notice, and file a complete motion record for an oral hearing.