Background

• Uzelac was a truck driver for CRH (1962-2000). After mandatory retirement, he worked via ATS until 2017.
• Plaintiffs allege wrongful termination, age discrimination (Ontario Human Rights Code), and unpaid entitlements (Employment Standards Act).
• Damages sought: $417,500 ($312,500 for wrongful dismissal, $100,000 for discrimination).

Procedural History

• Case filed in June 2017; CRH and ATS responded in July 2017.
• Delays caused by mediation disputes, multiple lawyer changes, ATS ceasing defense (2018), and COVID-19.
• Plaintiffs sought a status hearing under Rule 48.14(5) to extend the trial set-down deadline.

Legal Analysis & Decision

• Test for Dismissal:

  1. Acceptable Delay Explanation: Plaintiffs’ delays stemmed from legal counsel’s mismanagement, pandemic disruptions, and defendants’ shifting mediation stance.
  2. No Prejudice to Defendants: CRH’s key witnesses left, but plaintiffs found them via LinkedIn; discovery was completed.

• Ruling: Motion granted; new deadlines set:

  • Feb 28, 2025: CRH’s affidavit of documents
  • Mar 15, 2025: Plaintiffs’ undertakings
  • May 31, 2025: Mediation
  • July 31, 2025: Trial set-down deadline

• Total Monetary Award Ordered: None at this stage.