Plaintiff Counsel is Ordered to Pay Costs of Motion Personally


In Vandenbrink v. Vandenbrink et al., a minor plaintiff was involved in motor vehicle accident that occurred on December 18, 2004. The majority of the defendants brought a Motion for an Order dismissing the action for delay. On March 4, 2011, the Local Registrar issued an Order dismissing the action for delay and plaintiff counsel took no steps to have the Registrar’s Order set aside. In an Endorsement of Justice Gorman dated May 27, 2013, the action was not dismissed, however, Justice Gorman held that plaintiff counsel had been the source of a substantial part of the delay in the case. By plaintiff counsel’s own admission to the court his conduct had been “inexcusable”. Plaintiff counsel’s last correspondence was in April 2011 prior to the defendants’ Motion originally returnable in November 2012. Justice Gorman held that plaintiff counsel’s delay was egregious and that he took no steps to have the Order for Dismissal rectified despite numerous requests to do so.  Justice Gorman stated that plaintiff counsel “did virtually nothing to advance his client’s interests for more than two years. Even when contacted by opposing counsel in an effort to remedy the Order for Dismissal he simply ignored the matter.” Ultimately, Justice Gorman held that the defendants had no choice but to bring the Motion and therefore, costs in the amount of $20,000.00 was ordered payable by plaintiff counsel, personally.

Topics:  Canada, Car Accident, Delays, Fines, Legal Costs, Motion to Dismiss

Published In: Civil Procedure Updates, Civil Remedies Updates, Professional Malpractice Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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