Background:

• Incidents: Two fires in 2015 at plaintiffs’ premises led to three actions.
  • First fire (January 2015): Initiated action CV-16-566878.
  • Second fire (June 2015): Led to actions CV-17-576833 and CV-17-576837.
• Claims: Various defenses, crossclaims, and third-party claims were exchanged from 2018 to 2019.

Key Points:

• Motions to Dismiss: Defendants Feren and Woods sought dismissal of actions due to delay.
  • Feren's Status: Dissolved in March 2017; president and sole director died recently.
  • Plaintiffs' Actions: Plaintiffs were inactive from 2019 to 2022 and failed to schedule motions despite multiple advisories and opportunities.
• Court's Analysis:
  • Explanation for Delay: Plaintiffs did not provide acceptable reasons for their delay, such as workload, health issues, and COVID-19, which were deemed inadequate.
  • Non-Compensable Prejudice: Plaintiffs failed to rebut the presumption of prejudice against defendants due to the extended delay and loss of key witnesses.

Court’s Decision:

• Dismissal of Actions: The court dismissed the actions due to inordinate delay and lack of justifiable reasons for the inactivity.
• Plaintiffs’ Cross Motion: Dismissed; they failed to advance the cases or provide a convincing explanation.

Costs:

• Feren's Costs:

  • Partial indemnity basis costs of $11,880.59 for each of the three actions (totaling $35,641.77).
  • Additional costs of $4,500 for the 24 August 2023 attendance (totaling $1,500 per action).

• Woods' Costs:

  • Partial indemnity basis costs of $18,127.08, inclusive of HST and disbursements.
  • Nominal amount for costs of the actions yet to be stated.

• Summary of Costs Awarded:

• Total Costs Awarded to Feren:

  • For three actions: $35,641.77
  • Attendance costs: $4,500
  • Total for Feren: $40,141.77

• Total Costs Awarded to Woods:

  • Partial indemnity basis costs: $18,127.08
  • Nominal amount (yet to be stated): Amount not specified