Generally speaking civil claims are not to be defeated because of a procedural irregularity. That said, where an irregularity is not cured for a lengthy period it may be appropriate for a court to deny relief to repair the defect.
Today's decision in Lo Faso v. Kelton & Ferracuti Consultants Limited, 2009 ONCA 513 holds, as a reason for denying relief:
The failure of the appellants to take any steps to cure the irregularity and to proceed by way of a third party claim for the better part of five years. This inertia was in the face of repeated letters from counsel for the respondent pointing out the obvious defect and inviting the appellants to take the appropriate steps to cure that defect.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
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