June 11, 2018

Beard Winter LLP successful in upholding dismissal of action for delay at Court of Appeal

Beard Winter LLP successful in upholding dismissal of action for delay at Court of Appeal

Written by: Jennifer Reid

On June 8, 2018, the Ontario Court of Appeal released its decision in Farmer v. 145 King Street West et al., 2018 ONCA 525 upholding an order dismissing the plaintiff’s claim for delay. The case was a joint action relating to two separate events – an alleged slip and fall and a motor vehicle accident, both occurring in 2009. The original action had been commenced in 2011. Beard Winter LLP litigator Jennifer Reid acted as appellate counsel for the defendant John MacPherson.

The action had been subject to a timetable order in October 2015. This timetable had been a “lifeline” to save the action. Among other steps, the timetable required the action to be set down for trial no later than October 19, 2016.

Following the plaintiff’s failure to move the matter forward and set the matter down for trial as required by the timetable, the defendants moved for an order dismissing the plaintiff’s action for delay under Rule 24.01 and for failure to comply with an interlocutory order under Rule 60.12 of the Rules of Civil Procedure. The defendants were successful on both grounds and the plaintiff appealed the order dismissing the action for delay under Rule 24.01.

The Ontario Court of Appeal dismissed the plaintiff’s appeal, finding, in part, that there was a “substantial risk that a fair trial of the issues in litigation would not be possible because of the delay” and that the decision of the motion judge was entitled to deference.

Jennifer Reid has been practising exclusively in the areas of insurance defence litigation and civil litigation since 2008.
Do you have questions about this topic? Email Jennifer at jreid@beardwinter.com or call her at 416-306-1719.
Subscribe for updates from this team and follow us on LinkedIn.

While we welcome your email and look forward to hearing from you, please note that sending this email does not create a solicitor-client relationship, or any other contractual business relationship, between you and Beard Winter LLP. We would ask that you refrain from asking specific legal questions and/or divulging information that you wish to keep confidential.