207 relies on the case of Broniek-Harren v. Osborne, 2008 ONSC 19782, for the proposition that they do not have to show prejudice if there is evidence of wrongful holding. At paragraphs 33 and 35 of that case the court stated: 33 In the paragraph immediately following the paragraph just quoted, Ferrier J. noted that “the rules must not be rendered nugatory by failure to impose appropriate sanctions in cases of breaches of orders”, and at paragraph 27 of his judgment, he said: There comes a time when this court is obligated to meet its responsibility for the effective administration of justice through case management by dismissing an action. Such is the case where the plaintiff repeatedly failed to comply with orders of the court whether or not there has been prejudice to the defendants. 34 With respect, I entirely agree with Ferrier J. As he noted, there comes a time when the court must meet its responsibility for the effective administration of justice by dismissing an action where procedural requirements imposed by court orders are not observed. In my view, that time has arrived in this case.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.