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The Tribunal dismissed a motion to reassign, consolidate, or join three discrimination complaints against CSC, finding no sufficient commonality and likely delay and prejudice.
The Court of Appeal for Ontario dismissed a motion to set aside the refusal to extend time to appeal, finding no error in the motion judge’s discretionary decision.
The court held that a single defendant may seek dismissal of the entire proceeding where parties' positions are clear and no party is prejudiced by proceeding without pro-forma steps, and, applying the Giacomini framework, the plaintiff's delay was inordinate and largely inexcusable such that, in the interests of justice, the action is dismissed in its entirety for want of prosecution.
Source excerpt
The application was dismissed because the applicants exhibited an inordinate delay of over six months in seeking the extension after learning of counsel's service error, failed to take prompt remedial steps, provided no timely transcript or detailed merits materials, and granting an extension would cause undue prejudice and unacceptable delay to the administration of long‑running bankruptcy and related proceedings, so it was not in the interests of justice to extend time.
Source excerpt
The Court of Appeal dismissed motions to set aside a Registrar’s dismissal for delay and for an extension of time, finding repeated delay and no merit in the proposed appeal.
The court dismissed a want of prosecution application in a securities enforcement petition, finding delay was inordinate and partly inexcusable but the interests of justice favoured proceeding.
The Ontario Court of Appeal granted the Crown’s motion to bifurcate its sentence appeal from the respondent’s conviction appeal because delay in the conviction appeal could prejudice sentencing relief.
The Tribunal declined to reassign the inquiry to a different Member, keeping the current Member seized after considering delay, prejudice, continuity, and resource concerns.
The court dismissed defendants’ applications to dismiss for want of prosecution, finding the delay inordinate but excusable and allowing the action to proceed.
Federal Court judicial review of a section 44 immigration referral was dismissed. The Court held the Minister’s Delegate was not required to consider H&C factors and that delay did not amount to abuse of process.
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