Background: Roger Bennett filed a lawsuit against the Minister of Public Safety and Emergency Preparedness on February 22, 2021. The Minister filed a defense statement on April 8, 2021, after both parties agreed to an extension for filing.

Procedural Issues: Bennett struggled with case progress and missed several deadlines. He became self-represented for a time and made multiple attempts to retain counsel.

Court's Management: The case was ordered for special management in April 2022, requiring Bennett to propose a timeline for case progression, which he failed to meet.

CMJ's Decision: The Case Management Judge (CMJ) dismissed Bennett's action for delay and failure to comply with court orders and directions.

Bennett's Motion: Bennett filed a motion appealing the CMJ's order, citing breaches of procedural fairness and claiming the delay was reasonable due to self-representation and diminished cognitive abilities.

Court's Findings:

• No breaches of procedural fairness were identified.
• No palpable and overriding error was found in the CMJ's decision to dismiss the action.
• Bennett's proposed timetable to move the case forward was deemed inadequate.

Cognitive Abilities Argument: Bennett's claim of diminished cognitive abilities due to cardiovascular issues was given little weight, as it was raised for the first time during the appeal.

Final Judgment: The court dismissed Bennett's motion and did not award costs, upholding the CMJ's decision to dismiss the action for delay and non-compliance.