- Parties: The plaintiff was Paulo Stein. The defendant was His Majesty the King.

- Subject Matter: The plaintiff was an offender confined to Beaver Creek Institution, a medium-security institution operated by the Correctional Service of Canada under the Corrections and Conditional Release Act, 1992. In December 2017, the plaintiff experienced a slip-and-fall ankle injury in the institution. In December 2019, the plaintiff filed a statement of claim to commence a simplified action for damages. A Notice of Status Review stated that the plaintiff repeatedly failed to comply with the court’s orders and directions, failed to justify lengthy delays in advancing the case, and refused to acknowledge his responsibility to move the case forward. Associate Judge Duchesne issued an order dismissing the plaintiff’s action. The plaintiff moved under r. 51 of the Federal Courts Rules, SOR/98-106 to appeal the dismissal order. The plaintiff also sought an extension of time to bring his r. 51 appeal.

- Ruling: The court ruled in the defendant’s favour and dismissed the plaintiff’s motion for a r. 51 order appealing and setting aside Associate Judge Duchesne’s dismissal order. The court held that the plaintiff failed to show any reviewable error on the judge’s part in dismissing the claim.

- Date: The hearing was set on Aug. 16, 2023. The court released its decision on Aug. 30, 2023.

- Venue: This was a federal case before the Federal Court.

- Amount: The court awarded the respondent costs in the fixed and all-inclusive amount of $250.