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Court case #XXXXX the last time was on front of 3 judges in the court of appeal in Ontario. This was December 17-2009. The decision of the court ; was-this case is not going any further un till court costs have been paid. Court cost of appr. $10,000 have been paid. Can this court case advance further in the court soistem.
If the only bar to the case going forward was the court order that required payment of costs first, then once that bar has been address, yes, the case could proceed.
The other side can apply to the court to seek that the appeal be dismissed. But they need to serve you with paperwork to do so and you would have an opportunity to be heard on that point before any further order is made. Unless and until such an order is made, the court action could proceed.
They may be able to seek and obtain such an order given the long length of time since the court made the order for payment of costs, arguing that their case in the last 4 years has been prejudiced because of the delay. If for example some witness that they rely upon has died, or can no longer be found, they may be able to argue that their case has been damaged irretrievably due to delay since 2009, and that the case can no longer proceed. This is called asking for dismissal for want of prosecution. But again, until the court decides such an issue, the court action can continue.
Thank you for your reply. Very incouriging.
Now---I have been traing to find experienced lawyer with the court of appeal and suprim court of Canada.
Can you refur me to someone with this qualificans and skill to pursue my court case.