Pendrell Place: Part 2 - Transcript of Hearing to Dismiss for Want of Prosecution Chris Monk's claim S032263 against Ascent Real Estate Management Corporation

8               The fact that the claim remains outstanding

        19          is a reflection of the plaintiff's ordering of his

        20          priorities which has serious prejudice

        21          to the applicants and has affected the applicant

        22          Michael Roach personally and professionally.  He

        23          has had to report the claim to his governing body

        24          on the renewal of his licence.  He has had to

        25          incur costs of hiring a managing broker for his

        26          company,and he has had anxiety that is

        27          exacerbated by his concern of knowing -- of not

        28          knowing whether he will be able to provide a full

        29          defence.

        30               Accordingly the applicants submit that the

        31          plaintiff's claim should be dismissed for want of

        32          prosecution and an order be made with respect to

        33          costs.  We've included a draft bill of costs at

        34          tab 10, and it's a modest proportion of what has

        35          actually been incurred in this proceeding.

        36               And finally as -- I was advised this morning

        37          that the plaintiff has in fact withdrawn his

        38          claims against the other defendants and is now

        39          pursuing the applicants -- and is now pursuing

        40          only the applicants.  Subject to further questions

        41          and Mr. Monk's response that concludes my

        42          submissions.

        43     THE COURT:  Mr. Monk?