The Court declined to dismiss proceedings for want of due despatch under UCPR r 12.7, finding that although the plaintiff had breached multiple court orders for filing evidence and failed to adequately explain recent delays, the evidence showed earlier attempts to obtain the required evidence and the case was not sufficiently clear to warrant the final remedy of dismissal. The Court also declined to make a conditional/guillotine order for automatic dismissal but imposed a strict seven-day timetable for the plaintiff to file all evidence, with any later evidence requiring leave by motion. Costs of the defendant's motion were awarded to the defendant notwithstanding the motion's dismissal, on the basis that the motion was appropriately brought given the plaintiff's repeated non-compliance.
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