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ARTICLE · 11 JULY 2024

The Principles Behind Dismissing An Action For Delay

Hull & Hull LLP
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Yesterday, I blogged about motions to dismiss an application for delay. Today, I will discuss the recent decision in Estate of Angela Sebanc v Peter Sebanc, released on May 8, 2024...

CanadaLitigation, Mediation & Arbitration
Darien Murray
Darien Murray

Yesterday, I blogged about motions to dismiss an application for delay. Today, I will discuss the recent decision in Estate of Angela Sebanc v Peter Sebanc, released on May 8, 2024, which dealt with a motion to dismiss an action for delay, and provided a summary of the principles and tests governing such motions.

Procedural Background

Victor and Peter Sebanc are two of Angela and Felix Sebanc's five children. Victor was appointed Angela's Estate Trustee and on April 30, 2018, issued a Statement of Claim naming Peter as the Defendant.

The litigation progressed slowly over a period of approximately 5 years, from April 2018 to June 2023. During this time, the Plaintiff attempted to examine the Defendants but twice they failed to appear for examinations.

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