4.31: Application to deal with delay
4.33: Dismissal for long delay
14.65: Restoring appeals

Case Summary

The Action involved three personal injury claims that were commenced by Mr. Cinciruk in 2003 and 2004. The Defendants sought to dismiss the actions for delay or long delay, pursuant to Rules 4.31 and 4.33. The Plaintiff was self-represented and caused many of the delays in the Action.

Associate Chief Justice Rooke considered Rule 4.31 and noted that the Rule allows the Court to dismiss all or any part of a Claim if the delay has resulted in “significant prejudice to a party”. Under Rule 4.31(2), the Court’s finding that a delay was “inordinate and inexcusable” creates a presumption that the delay has resulted in significant prejudice.

Rooke A.C.J. noted that, despite the Plaintiff having potentially meritorious arguments, there was inordinate and inexcusable delay and the prejudice to the Defendants was therefore presumed. The presumption was not rebutted. Associate Chief Justice Rooke dismissed the Plaintiff’s Claim pursuant to Rule 4.31.

View CanLII Details