American Environmental Container Corp. v. Kennedy, 2020 ONSC 1662

The plaintiffs brought a motion for a status hearing pursuant to Rule 48.14(5) and sought an order extending the deadline for setting the action down for trial. The defendants opposed the relief sought and requested that the action be dismissed for delay. Master Muir dismissed the action. While he was satisfied that the defendants had not been prejudiced to the point where a fair trial was not possible, he found that the plaintiff had failed to provide an adequate explanation for 30 months of delay (when the plaintiff went silent). Master Muir affirmed the general rule that civil disputes should be determined on their merits, but held that there comes a point where a party who fails to comply with rules designed ro promote timely and efficient justice loses the right to have its dispute decided on the merits. This must be the case in order to effect meaning to the Rules and time limits.