· Legal Issue: Motion by Vale to dismiss garnishment proceedings with prejudice. The plaintiffs consented to a dismissal without prejudice, raising the question of whether prejudice should attach.
· Background:
- A 2001 contract between TDI and Vale was transferred to 1447311 Ontario Ltd. shortly after signing.
- TDI consented to a judgment against it, leading the plaintiffs to seek garnishment against Vale.
- Plaintiffs' garnishment proceedings have experienced significant delays and non-compliance with court orders.
· Court Findings:
- The court found the garnishment proceedings to be "frivolous and vexatious."
- Plaintiffs failed to pay the required $85,000 security for costs and comply with multiple court orders.
- The court emphasized the importance of timely dispute resolution and adherence to court orders.
· Decision: The court dismissed the garnishment proceedings with prejudice, citing consistent non-compliance by the plaintiffs and considering the overall delay as an abuse of process.
- The total monetary award specifically ordered in costs to Vale, as mentioned in the document, is $6,653.65. The $85,000 security for costs remains unpaid by the plaintiffs, and no further amounts have been awarded as damages.