Outcome: The court granted the plaintiff's motion to strike the defendants’ statements of defense for failure to comply with multiple court orders, including failure to attend examinations for discovery and unpaid costs.
Amount Awarded: The defendants were ordered to pay the plaintiff $10,341.54 in costs.
Reasoning: The defendants demonstrated a consistent pattern of non-compliance with court orders and abused the court process through repeated appeals and delays. The court found that further timetable orders would be ineffective.
2024 ONSC 7081
Outcome: The defendants appealed the appointment of Associate Justice Jolley for case management. The appeal was dismissed, as the assignment was within the jurisdiction of the Team Lead Associate Justice and necessary to manage delays caused by the defendants.
Amount Awarded: The defendants were ordered to pay $4,300 in costs to the plaintiff.
Reasoning: The defendants’ conduct was the primary cause of delays, and the court emphasized the importance of case management to prevent further obstruction of proceedings.
Final Outcome
Combined Costs Awarded to Plaintiff: $14,641.54.
Key Issues: Both decisions highlight the defendants’ failure to comply with court processes and the necessity of judicial measures to enforce procedural discipline. The defendants’ appeals were deemed meritless and part of a strategy to delay proceedings.
