Sweet Productions Inc. et al v. Licensing IP International S.À.R.L. et al, 2021 FC 216
Justice Zinn - 2021-03-10
Read full decision. Automatically generated summary:
The Defendants appeal the Order of the Prothonotary on their motion to strike this action for undue delay pursuant to Rules 167 and 369 of the Federal Courts Rules ... On this appeal, the Plaintiffs acknowledge that the Prothonotary found on the basis of the record before her that there was undue delay and that the requirements under Rule 167 had been established. ... Whether or not one relies on Jordan, the Supreme Court of Canada is clearly directing that “judicial delay is objectionable in all contexts” and that parties should not engage in delay and the judiciary should not be complacent in the face of delay. ... Where a party has established on the balance of probabilities that there has been undue delay in prosecuting a proceeding, the proceeding will be dismissed unless the Court is convinced that imposing another sanction is more appropriate. ... When all relevant evidence is considered, I conclude that case-management is not an appropriate sanction. In particular, it is difficult to see it being effective when the Plaintiffs are opposed it. ... This action is dismissed, with costs to the Defendants (Thanks to Michael Shortt for a copy of the decision)
Decision relates to:
- T-1440-19 - SWEET PRODUCTIONS INC. ET AL v. LICENSING IP INTERNATIONAL S.À.R.L. ET AL
- A-100-21(2022 FCA 111) - which is an appeal from this decision