Delay in court at your peril

Recently an Ontario woman was fortunate enough to have a ruling overturn a dismissal of her case.

The woman was involved in an automobile accident in October 2001. Sandra Sutherland is the plaintiff against The Manufacturers Life Insurance Company (Manulife). Sandra claims long-term disability benefits after the auto accident.

Sutherland also is a plaintiff for a motor vehicle negligence claim. The defendants include Emiliano and Joyce Vincenio, James Corollo, KLLM Transport, and Co-operators General Insurance Company.

Sutherland is representing herself and has had some issues with delays. Sutherland's cases were dismissed when she failed to meet a deadline to file a motion.

Ontario Superior Court Justice Paul Perell stated, "Having weighed the various factors that a court should consider and adopting a contextual approach, it is my opinion that the dismissal orders in the two actions now before the court should be set aside, but on strict terms that are designed to advance the two actions to a final resolution with due procedure without any further delay."

Sutherland has been ordered by the court to set actions down for trial by no later than July 17 2009.

scales.jpg