The Court dismissed the applicants' action under UCR rr 146.1(1)(a) and (c) on the basis that self-represented litigants had persistently breached court orders and the trial timetable over a five-year period, causing the vacation of a four-week trial listing, and had manifested an inability or unwillingness to prosecute with due diligence. The Court confirmed that dismissal under r 146.1 is a last resort but was warranted where the applicants had done nothing substantive to advance their claim beyond filing a statement of claim, had failed to obtain necessary medical evidence, identify witnesses, or comply with discovery obligations despite numerous extensions of time. The status of the applicants as self-represented litigants, while acknowledged as creating difficulty, did not excuse persistent non-compliance where significant judicial assistance and latitude had been afforded.
The full text is available to signed-in members.