Nov 29, 2014

  • Facts: The PL is a lawyer and Sun Media publishes newspapers. They published articles about him, he was charged criminally and became the subject matte for discipline proceedings in the Law Society. Claim for defamation, Baksh said he was defamed by the Toronto Sun. Initially he was represented by counsel, then he couldn’t pay his lawyer, he becomes difficult, refused to answer questions etc. Counsel for Sun Media has to keep bringing motions to make him do things. Various procedural orders made over time. Throughout Baksh doesn’t comply with the orders or pay costs that he is ordered to pay

  • Sun Media alleges that are being delayed as well and asks for the action to be dismissed

  • Conclusion: PL has been given chances repeatedly and has been unwillingly to comply with the orders of the courts and the timetables establishes and therefore this a proper case for delay.

  • Mr. B in his affidavit material in response to motion to dismiss for delay made a number of unsavoury allegations for Sun Media’s counsel. Counsel for Sun wanted costs on substantial indemnity scale (100%) due to the allegations he made without any foundations, that were derogatory and inappropriate

  • While not persuaded re costs, he was of the view that B crossed a line and said things he ought not to have said and therefore he should bare a portion of the proceeding at a substantial indemnity rate, $23,760

  • You can obtain dismissal for delay, but need other factors, i.e. breaches of orders, undertakings etc

  • Also the importance of counsel to act in a civil fashion and not make statements in affidavits, letters or in court that are unprofessional and derogatory and call into question the other lawyers. They are punishable by the law society and court will award costs against counsel.