The Court vacated a four-day trial where the second defendant sought to bring a cross-claim arising from the same factual substratum as the plaintiff's claim, suffered from a life-threatening cardiac condition, and faced the prospect of his solicitor withdrawing if the trial proceeded. The Court held that proceeding would be inefficient given the overlapping factual and legal issues, and that the defendant's medical condition and risk of being unrepresented weighed in favour of vacation, but imposed indemnity costs payable forthwith against the defendant to ameliorate the plaintiff's prejudice caused by the defendant's unreasonable failure to prepare for trial.
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