The plaintiff has failed to comply with costs Orders of 1. Monahan, J., and 2. Rady, J., Matheson, J. and Myers, J.--dating back to July 2017 and January 2018, respectively. While the plaintiff would have me consider the merits of her claims, the defendants suggest that I cannot fairly do so, on the record before me. Then too, and in any event, they cite Nordheimer, J. (as he then was), in Bottan v. Vroom, 2001 CarswellOnt 2382, who said (at para. 26): “The rationale for [RR. 60.12 and 57.03(2)] is predicated on the fact that there will be situations where a party’s position ought to be determined for procedural reasons arising from the failure of that party to abide by Orders made by the court. If it was the case that the merits of the matter always had to be determined before such remedies could be imposed, there would be little room for the effective application of either of these rules”. I agree with counsel for the defendants and adopt the comments of His Honour.
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