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ARTICLE · 20 AUGUST 2020

The Plaintiff's Recourse Where A Defendant Fails To Attend Examination For Discovery

"Repeated delays and failures to comply with procedural orders affect not only the parties to the action. They significantly increase the cost of the administration

CanadaLitigation, Mediation & Arbitration

"Repeated delays and failures to comply with procedural orders affect not only the parties to the action. They significantly increase the cost of the administration of justice due to the impact on administrative and judicial resources. Repeated breaches of orders must attract significant sanctions otherwise the Case Management Rules will become ineffectual and the ultimate goal of the rules will be unattainable."

– Justice Ferrier writing for the Divisional court in Vacca v. Banks 2005 CarswellOnt 146

Court-ordered time tables are essential in complex multi-party litigation.  For the trial to be set down within five years of the claim being issued, cooperation among counsel and compliance with the dates imposed by the judge is critical where related actions contain third-party, cross and counterclaims.

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