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Where the parties have obtained a timetable set by the court, the milestone dates
should be enforced. With reference to milestone dates prior to trial, the court's
computer system should automatically send out a notice reminding the parties of its
approach, asking to be informed if the case has settled, and warning that the action
will be struck out if the milestone is ignored. Thereafter, if, at the time reserved for
the hearing, no one appears, the case should be ordered to be struck out provisionally,
allowing the plaintiff a grace period of say, 3 months from the missed milestone to
apply to reinstate the action for good reason. In default of such an application, the
action should stand dismissed and the defendant automatically entitled to the costs. If
the parties do not appear at the trial, even after a pre-trial review has been held, the
trial judge may deal with the action under O 35 r 1. In cases where the defendant has
filed a counterclaim, he should have an additional grace period of 3 months from the
expiry of the plaintiff's grace period to apply to reinstate his counterclaim. Failure to
do so should lead to the automatic dismissal of the counterclaim with no order as to
costs.
Recommendation 60: Where the parties fail to obtain a timetable, the court
should not compel them to continue with the proceedings. However, where a
pre-trial milestone date has been set, the court should, after giving prior
warning, strike out the action provisionally if no one appears at that milestone
hearing. A plaintiff should have 3 months to apply to reinstate the action for
good reason, failing which the action should stand dismissed and the defendant
should automatically be entitled to his costs. Thereafter, the defendant should
have a further three months to reinstate any counterclaim, which would also
stand dismissed with no order as to costs in default of such application.
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