Featured Case: Zuk v Atkinson - Answer Undertakings In A Timely Fashion Or Your Case May Be Dismissed!!

In a 2014 decision, Justice Lemon of the Ontario Superior Court of Justice upheld the decision of Wein J. to dismiss the plaintiff's action for failure to comply with undertakings and to pay costs.¹ The issue before Lemon J. was whether or not the material placed before Wein J. regarding outstanding undertakings on the ex-parte motion was full, frank and fair. Plaintiff's counsel argued that the motion materials submitted stated there were 23 outstanding undertakings when in fact there were only seven. At the time of the subject motion before Lemon J. to set aside the Dismissal Order, some of the undertakings still remained outstanding and costs ordered from previous Orders had not been paid.