Second, I am not convinced that the reasons for the non-compliance are relevant. Whether the order was not complied with because the plaintiff followed legal advice or ignored legal advice or for some other reason, the fact is that it was not complied with and led to the court dismissing the actions. The plaintiff will have to prove at trial that, but for the negligence of the defendants, she would not have suffered the loss of her actions (Crawford-Montaque v. Benjamin 2017 ONSC 6729). Even if the defendants were negligent, it is the dismissal order that provides an argument that the causal link to the defendants was broken, however it was obtained. The same logic follows with respect to the adjournment motion and the reconsideration motion. Whether the motions were well argued or poorly argued, the material filed fulsome or deficient, the order was made.
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