What are the implications of a motion judge's decisions regarding the restoration of an action to the trial list under r.48.11 and the dismissal of an Action for Delay pursuant to r.24.01?
Ontario, Canada
The following excerpt is from S.I.A.S.I. Trading Limited v. Teplitsky, 2018 ONCA 788 (CanLII):
We start by noting that decisions regarding the restoration of an action to the trial list under r. 48.11 and the dismissal of an action for delay pursuant to r. 24.01 are discretionary and are entitled to considerable deference on appeal. They will not be interfered with unless the motion judge exercised her discretion unreasonably or acted on a wrong principle: Ticchiarelli v. Ticchiarelli, 2017 ONCA 1, at para. 14.
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