Case Overview:

• Claim: Plaintiffs, 1833761 Ontario Inc. and Ali Yehya, sought $3.5 million for alleged wrongful lease termination of a pharmacy.
• Motions: Defendants, 2253659 Ontario Inc., Mostapha Elmenini, John Poletes, and John Poletes Professional Corporation, moved to dismiss the case for delay under Rule 24.01 of Ontario's Rules of Civil Procedure.

Court's Analysis:

• Delay: Plaintiffs had not advanced the case for over six years since it was filed in 2018, taking only minimal steps.
• Arguments: Defendants argued the delay was inordinate and prejudicial. Plaintiffs argued for a fair trial, citing personal difficulties of Ali Yehya.
• Court’s Decision: Associate Justice Todd Robinson dismissed the motions to dismiss, finding that despite significant delays, the plaintiffs should have an opportunity to rectify their inaction. A strict timetable for next steps was set to prevent further delay.

Key Legal Points:

• Rule 24.01(1)(c) allows dismissal for delay when plaintiffs fail to move the case within six months of closing pleadings unless doing so would be unjust.
• Presumption of Prejudice: A delay leads to presumed prejudice, but no direct evidence of actual prejudice was shown by the defendants.
• Outcome: Plaintiffs were allowed to proceed, but under a new schedule to ensure prompt action, including deadlines for affidavits and mediation.

Next Steps Ordered:

• Affidavits and Discovery: All supplementary affidavits by October 31, 2024, and examinations for discovery by January 31, 2025.
• Mandatory Mediation: To be completed by June 30, 2025.
• Set Down for Trial: Deadline set for July 31, 2025.