Comartin v. Marsh, 2024 FC 160
Associate Justice Coughlan - 2024-01-31
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The court dismissed the motion brought by the Defendants seeking the dismissal of the action for delay. The action for copyright infringement was commenced in November 2020, subjected to case management by the Court in January 2022 with agreed deadlines, but stalled. The Plaintiffs failed to comply with the Court's orders and faced a second status review. Despite 38 months passing since the commencement of the action, the Judge considered the delays in two discreet periods and found them not to constitute undue delay. The Judge emphasized the Court's discretion to assess each case individually under Rule 167 and to consider sanctions less severe than dismissal for delay. Ultimately, the Plaintiffs were directed to post security for costs.
Decision relates to:
- T-1342-20 - TRINA COMARTIN ET AL v. WILLIAM PATRICK MARSH ET AL