2011 ONCA 494 (Released July 6, 2011)
Civil procedure – Dismissal order – Test to
set aside
The appellant commenced an action on October 6, 2003, against
Curtis Rivard following a motor vehicle accident. On August 15,
2007, the Registrar dismissed the action because the appellant had
neither set the matter down for trial within two years of the
filing of the statement of defence nor obtained an order from a
judge presiding at a status hearing in accordance with Rule 48.14.
The order dismissing the action was mistakenly sent to the
appellant's former counsel, but not to current counsel. Counsel
for the appellant did not discover that the action had been
dismissed until September 2009. On October 7, 2009, the appellants
filed a notice of motion to set aside the dismissal.
