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The court set aside a dismissal for delay because ongoing property repairs justified the pause.
The Corporation of the City of Ottawa moved to set aside a Registrar's order dismissing its action for delay and to reinstate the action.
The motion was opposed by some third parties.
The court applied the test for setting aside a dismissal order for delay, finding that the City provided a satisfactory explanation for the delay, consistently intended to prosecute the action, and acted promptly to address the dismissal.
The court also determined that the opposing parties would not suffer significant prejudice from the reinstatement.
The motion was granted, reinstating the main action and automatically reviving derivative third-party claims.
Lessee found vicariously liable for motor vehicle accident after failing to rebut presumption of consent.
The plaintiff was injured in a motor vehicle accident involving a rental vehicle leased by the defendant lessee but driven by an unauthorized third party.
The sole issue at trial was whether the lessee had given express or implied consent to his friend to possess the vehicle, which would make the lessee vicariously liable under s. 192(3) of the Highway Traffic Act.
The court rejected the lessee's evidence that he had flatly refused his friend's request to use the vehicle, finding his subsequent conduct inconsistent with a refusal.
The court concluded that the presumption of consent was not rebutted and held the lessee vicariously liable for the negligent operation of the vehicle.
