Thompson v. McDonald's Restaurants of Canada Ltd. et al., (1991) 47 O.A.C. 239 (DC)

JudgeWeiler, J.
CourtOntario Court of Justice General Division (Canada)
Case DateMarch 04, 1991
JurisdictionOntario
Citations(1991), 47 O.A.C. 239 (DC)

Thompson v. McDonald's (1991), 47 O.A.C. 239 (DC)

MLB headnote and full text

Margarette Barclay Thompson (plaintiff/applicant) v. McDonald's Restaurants of Canada Limited (defendant/respondent) and Eureka Contractors Windsor Limited (third party) and Pavex Canada Limited (fourth party)

(1056/89)

Indexed As: Thompson v. McDonald's Restaurants of Canada Ltd. et al.

Ontario Court of Justice

General Division

Divisional Court

Weiler, J.

March 8, 1991.

Summary:

The defendant applied to dismiss the plaintiff's claim for failure to comply with an order for security for costs. The plaintiff answered by applying to set aside the order for security for costs. A Master allowed the defendant's application and dismissed the plaintiff's cross-motion. The plaintiff appealed.

The Ontario Divisional Court dismissed the appeal.

Practice - Topic 5361

Dismissal of action - Grounds - General and want of prosecution - Abuse of legal process - Failure to obey court order - The defendant moved to dismiss the plain­tiff's claim for failure to comply with an order for security for costs - The plaintiff's supporting affidavit, on a cross-motion to set aside the order, was hearsay and there­fore inadmissible - The Ontario Divisional Court stated that although the Master may sometimes adjourn the matter to permit a better affidavit to be filed, to avoid a dismissal of the action, he was not obliged to do so - See paragraph 8.

Counsel:

Nan Diaram, for the applicant;

Robert Muir, for the respondent.

This appeal was heard before Weiler, J., of the Ontario Divisional Court on March 4, 1991, whose decision was delivered orally and released on March 8, 1991.

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