James v. Golden Mile Collision Ltd., Abadjian
Wrongful Dismissal: Restoration to Trial List & Delay
Summary
This is an interlocutory motion concerning the restoration of a wrongful dismissal action to the trial list after significant litigation delay. The court addressed whether the plaintiff provided an acceptable explanation for the delay caused by counsel's oversight and whether restoring the action would cause non-compensable prejudice to the defendants. The court also ruled on the denial of pre-judgment interest for the period of delay.
Outcome
Motion to restore action granted; pre-judgment interest denied for period of delay
Award
Pre-judgment interest denied for the period of delay caused by plaintiff's inaction.
Key Factors
- wrongful dismissal
- restoration to trial list
- litigation delay
- pre-judgment interest
- acceptable explanation for delay
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