Toronto, ON – June 30th, 2026 – Civil actions in Ontario can take a long time to reach trial. With the various procedural steps involved, months – and even years – can pass. But how long is too long?
In at least one recent decision, Pezeshkian v Re/Max Realtron Realty Inc., 2026 ONSC 3382, the answer was about 10 years.
Just Give Me the Base Facts Already
In 2015, Pezeshkian brought a civil action claiming wrongful dismissal and punitive damages, alleging that his supervisor had forced him to resign. Re/Max responded that Pezeshkian had been an independent contractor and had voluntarily resigned.
Nearly a decade later, in October 2024, the action was administratively dismissed. Pezeshkian then moved to set aside the dismissal.
The Court considered the established four‑part test:
- Could Pezeshkian provide a satisfactory explanation for the litigation delay?
- Did he lead satisfactory evidence that he always intended to prosecute the action within the required timelines, and that the delay was inadvertent?
- Did he move promptly to set aside the dismissal once he became aware of it?
- Could he show that the defendant would not suffer significant prejudice as a result of the delay?
Sorry? Nine Years … and They Didn’t Make It to Trial?
Although there was some activity on the file, virtually nothing happened between 2015 and 2021. After 2021, Pezeshkian sought and obtained three different timetables to set deadlines for the next steps. Although the Court acknowledged that Re/Max was occasionally slow to respond to Pezeshkian’s lawyer, the timetables were ultimately not met – and Pezeshkian never sought extensions.
The Court accepted that the lack of action was inadvertent, but that alone was not enough. Even with the steps taken after 2021, the Court was unimpressed with the lack of action from 2015 through 2020, finding no satisfactory explanation for the overall delay.
The prejudice analysis was decisive. The key defence witness – the supervisor alleged to have forced the resignation – had developed Parkinson’s disease and symptoms progressed from 2021 through 2025. By 2025, he could no longer verbally communicate. He had never been examined on the record. Given the allegations of punitive damages and the dispute over whether Pezeshkian was an employee or contractor, the Court found that a fair defence required verbal evidence, which Re/Max’s best witness never gave and could never give. The loss of this witness significantly prejudiced Re/Max.
Given the facts, the Court dismissed Pezeshkian’s motion to reinstate the action.
So … Does This Mean My Old Case Is About to Pick Up?
Possibly. Stale‑dated cases always carry a risk of administrative dismissal.
For employers facing an aging file, it is important to:
- remain responsive and cooperative in moving the case forward, including meeting Court‑ordered deadlines; and
- consider any real and significant prejudice arising from delay, such as the loss or unavailability of key witnesses.
Even when an action has been administratively dismissed, the tale of Pezeshkian and Re/Max is a reminder that plaintiffs may still attempt to reinstate something that has been administratively dismissed. Employers should be prepared to respond.
If you are dealing with stale‑dated cases at risk of administrative dismissal, your Protea LLP lawyers are here to help.
