Brethauer v. Laliberte, (1984) 4 O.A.C. 131 (DC)

Judge:Smith, J.
Court:Superior Court of Justice of Ontario
Case Date:May 25, 1984
Citations:(1984), 4 O.A.C. 131 (DC)

Brethauer v. Laliberte (1984), 4 O.A.C. 131 (DC)

MLB headnote and full text

Brethauer v. Laliberte


Indexed As: Brethauer v. Laliberte

Ontario Divisional Court

Smith, J.

June 7, 1984.


The plaintiff issued a specially endorsed writ of summons against the defendant in July 1970. The statement of claim was delivered in September 1976. Numerous procedures ensued over the years, until 1983, when the plaintiff sought to set the action down for trial. The defendant moved to dismiss the plaintiff's action for want of prosecution. The trial judge granted the motion. The plaintiff appealed.

The Ontario Divisional Court allowed the appeal.

Practice - Topic 5363

Dismissal of action - Grounds - Want of prosecution - Bars - An action was commenced in 1970 - The statement of claim was delivered in 1976 - The defendant moved to dismiss for want of prosecution in 1972, but did nothing until the plaintiff attempted to set the action down for trial in 1983 - The Ontario Divisional Court held that it was improper to dismiss the action on the eve of trial for want of prosecution, where the defendant had many opportunities to so move but failed to do so.


A. Toffoli, for the appellant;

M.S. James, for the respondent.

This appeal was heard before Smith, J., of the Ontario Divisional Court on May 25, 1984, whose decision was delivered orally and released on June 7, 1984.

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