Can a plaintiff set aside an order dismissing her claim for failure to attend a case management hearing and comply with case management orders?

British Columbia, Canada


The following excerpt is from Boury v. Iten, 2019 BCCA 81 (CanLII):

In Walker v. Manufacturers Life Insurance Company, 2015 BCCA 473, the plaintiff applied to set aside an order dismissing her claim for failure to attend a case management hearing and to comply with case management orders. She applied to set aside the order on the basis that she was a person under disability. Rule 20‑2(14) prohibits a party from taking a step in default against a person under disability without leave of the court. The chambers judge ordered that, prior to appearing in court or making further applications, the plaintiff was to provide a medical report advising whether she was capable or incapable of managing the litigation. In the course of the submissions prior to the making of the order, the chambers judge observed that, if the plaintiff was mentally incompetent, R. 20‑2(2) required the appointment of a litigation guardian.

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