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Ontario Court of Appeal dismissed an appeal from dismissal for delay in a civil action, holding the inordinate delay was intentional and prejudicial.
The Court of Appeal for Ontario held that transcripts were required for this fact-specific family appeal and gave the appellant a short deadline to prove transcript ordering.
The Court of Appeal for Ontario dismissed Omar Matthews’s appeal, holding that 17 years of inaction without follow-up did not amount to due diligence.
The court found contempt proven because the claimant knowingly sold the Nice Property in breach of the clear Consent Order; imposed a $2,500 fine payable to the respondent within 90 days and awarded special costs payable at conclusion; incarceration rejected; on want of prosecution the court found the delay not inordinate after accounting for COVID and other factors and declined to dismiss the family claim, ordering costs in the cause.
Source excerpt
The Federal Court correctly identified and applied the three‑prong Rule 167 test, reasonably concluded that alternatives to dismissal had been exhausted, and did not commit a palpable and overriding error in its findings of fact and mixed fact and law; the April 16, 2024 case management direction did not relieve the appellant of outstanding undertakings or preclude the respondent from bringing a Rule 167 motion, therefore the appeal is dismissed and the dismissal for undue delay is confirmed.
Source excerpt
La Cour d’appel de l’Ontario accorde une prorogation de délai pour déposer des documents d’appel, rejette la requête en rejet pour retard et n’accorde aucun dépens.
La Corte desestimĂł las mociones de Ronald Hitti por falta de permiso bajo una orden vigente de litigante vexatorio y otorgĂł costas a 235 Ontario Corp.
The Supreme Court of British Columbia dismissed Aville’s insurance action for want of prosecution after nearly nine years of inactivity and found real prejudice to the defendants.
The Ontario Court of Appeal denied M.E. leave to file a notice of appeal, finding the proposed appeal frivolous and vexatious and no basis to disturb the delay dismissal.
The Federal Court dismissed Md. Golam Sarwar Mehedi’s Rule 51 motion to appeal a status-review dismissal, finding no reviewable error and awarding $500 costs.
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