Background: This case revolves around a motion by the plaintiff to extend the time to set the action down for trial and to establish a litigation timetable. The defendant opposed this motion, seeking dismissal due to delay.
Issues/Main Discussion: The court evaluated whether the plaintiff provided an acceptable explanation for the delay and if allowing the action to proceed would result in non-compensable prejudice to the defendant.
Ruling: The court granted the plaintiff's motion, extending the time to set down for trial and establishing a litigation timetable.
Costs Awarded: The plaintiff was awarded costs fixed at $15,000 inclusive of HST, payable by the defendant within 30 days.
