A decision of the Ontario Superior Court of Justice in F. v. Prep Doctors Corp. et al., 2025 ONSC 5383 (Justice Parghi) shows that when a party ignores deadlines, fails to follow court procedures, or tries to stall litigation, the consequences can be significant — including an abandoned motion and a substantial costs award.
This is especially important for employees pursuing claims such as wrongful dismissal, because it confirms that delay tactics by the defendant(s) will not be rewarded.
Overview of the Case
In F. v. Prep Doctors Corp. et al., the plaintiff brought claims including wrongful dismissal and oppression remedies. Over the following months, the defendant(s) repeatedly delayed the process instead of moving the case forward efficiently.
Key points from the procedural history include:
- Unscheduled motion: The defendant(s) brought a motion to stay the action in favour of arbitration but did not take steps to schedule it for weeks.
- Repackaged motion: When the employee sought urgent relief, the defendant(s) reframed their original motion as a Rule 21 motion instead of addressing the issues raised.
- Refusal to cooperate: The defendant(s) refused reasonable procedural cooperation, including failing to produce an affiant for cross-examination despite a court order.
- Missed confirmation deadline: On the eve of the scheduled motion date, the defendant(s)’ counsel failed to file the required motion confirmation form on time, breaching the Toronto Region Practice Direction.
Because the confirmation form was not filed on time, the motion was deemed abandoned under the Rules of Civil Procedure. The court then had to decide whether to forgive the abandonment or treat it as final and determine costs.
The Court’s Decision on Abandonment and Costs
The defendant(s) asked the court to revive the motion or adjourn it indefinitely and also argued that costs should wait until the underlying stay motion was decided.
Justice Parghi rejected both arguments, explaining:
- No reward for delay: The defendant(s) were “improperly trying to slow the progress of the litigation,” and reviving the motion would reward that conduct.
- Abandonment triggers costs: Under Rule 37.09(3), once a motion is abandoned, the responding party (here, the employee) is ordinarily entitled to costs.
- No exceptional circumstances: The defendant(s) did not show good cause to depart from the presumptive costs rule.
The Costs Award
The court awarded the employee $31,293.94 in costs, payable within 30 days. Justice Parghi exercised discretion to award higher-than-partial indemnity costs due to the defendant(s)’ delaying tactics and the resulting drain on judicial resources.
The court emphasized that this approach to litigation “is not to be countenanced.”
What Happens When a Motion Is Abandoned
When a moving party fails to comply with procedural requirements — such as filing a motion confirmation form on time — the motion is treated as abandoned. This has significant consequences for both sides.
Consequences for the Party Who Abandons the Motion
- The motion does not proceed: The abandoning party loses the opportunity to have their motion heard.
- Immediate cost consequences: The abandoning party must normally pay the responding party’s costs of the motion, often on a “forthwith” basis.
- Potential for higher costs: Courts may award increased costs where the abandonment forms part of a pattern of delay or non-compliance.
- Damage to credibility: Continued non-compliance can affect how future requests or motions by that party are treated.
What This Means for Employees
- Reduced delay: The employee’s case proceeds instead of being stalled by procedural tactics.
- Financial compensation: Employees may recover legal costs wasted preparing for a motion that never proceeded.
- Stronger litigation position: Losing or abandoning a key motion can significantly weaken the employer’s strategy.
- Accountability for non-compliance: Courts reinforce that employers cannot misuse procedure to wear employees down.
Why This Matters for Employees
1. Courts Do Not Excuse Delay Tactics
Ontario courts consistently signal that they will not tolerate attempts to drag out litigation or ignore procedural rules.
2. Abandoned Motions Lead to Immediate Costs Awards
Even without a final ruling on the lawsuit, abandonment alone can result in substantial costs payable to the employee.
3. Compliance With Procedure Is Mandatory
Simple forms — such as a motion confirmation — must be filed properly and on time. Failure to do so exposes the abandoning party to financial consequences.
Key Takeaways for Employees
- Employer delay has consequences: Courts may impose significant costs where non-compliance causes unnecessary delay.
- Abandoned motions are not harmless: They can result in immediate, substantial costs awards.
- Procedural rules protect fairness: Proper compliance keeps cases moving and prevents unfair tactical advantages.
- Employees should not bear the cost of employer delay: Costs awards reimburse employees for wasted time and fees.
This case illustrates the consequences of delay and procedural non-compliance in Ontario litigation. Even when both parties have counsel, missed deadlines, abandoned motions, and unnecessary procedural steps can lead to significant costs and prolong the dispute.
For employees facing wrongful dismissal or other workplace disputes, it is important to work with employment lawyers who understand the litigation process, advance the case efficiently, and respond effectively when employers attempt to delay or avoid their obligations.
Contact Monkhouse Law Employment Lawyers to discuss how experienced counsel can help you move your case forward.