Ontario Superior Court Reverses Dismissal Order for Bus Passenger Claim Against Thunder Bay

• The Ontario Superior Court reinstated a bus passenger's claim against Thunder Bay after finding that her counsel's inadvertence caused a delay in setting down the action.
• The court ruled that the plaintiff's delay did not significantly prejudice the city in presenting its case at trial and set aside the registrar's dismissal order.
• The decision highlights the importance of effective communication between clients and their counsel, particularly in complex or time-sensitive matters.
• Lawyers should take note that inadvertent delays caused by counsel can be a valid reason for setting aside dismissal orders, but may also result in costs consequences.

The court ruled that the plaintiff's delay did not significantly prejudice the city in presenting its case at trial and set aside the registrar's dismissal order.

A bus passenger's claim against Thunder Bay was reinstated by the Ontario Superior Court after a judge found that the inadvertence of her counsel caused a delay in setting down the action. The plaintiff, who fell on November 22, 2016, while disembarking from a city bus, alleged that the defendant city failed to ensure the bus stop was free of hazards and sustained injuries due to her fall. Her statement of claim was issued on November 20, 2018, but the subsequent proceedings were marred by delays caused by counsel's failure to communicate effectively with their client, who had been living in England from 2019 to June 2021. The court ultimately ruled that the plaintiff's delay did not significantly prejudice the city in presenting its case at trial and set aside the registrar's dismissal order.

The case, Cripps v. Corporation of the City of Thunder Bay (2026 ONSC 3864), highlights the importance of effective communication between clients and their counsel, particularly in complex or time-sensitive matters. The court's decision was guided by Rule 48.14 of the Rules of Civil Procedure, which allows for the setting aside of dismissal orders if there has been no significant prejudice to the opposing party. In this case, the court balanced the factors and determined that a trial on the merits was warranted. The decision also underscores the role of LawPro indemnity insurance for lawyers in managing claims and providing guidance on procedural matters.

This decision has significant implications for personal injury law in Canada, particularly with regards to communication between clients and their counsel. Lawyers should take note that inadvertent delays caused by counsel can be a valid reason for setting aside dismissal orders, but may also result in costs consequences. The case highlights the importance of effective communication and the need for counsel to prioritize their client's needs and interests. Ultimately, this decision demonstrates the court's commitment to ensuring that justice is served, even in complex or time-sensitive cases.

This decision highlights the importance of effective communication between clients and their counsel, particularly when dealing with complex or time-sensitive matters. Lawyers should take note that inadvertent delays caused by counsel can be a valid reason for setting aside dismissal orders, but may also result in costs consequences.

Source: Original reporting via [Source]