Jenkins v Martin

In Jenkins v Martin, the plaintiffs sought leave to file a tenth statement of claim in a proceeding against two defendants. The defendants cross-applied to dismiss the proceeding, arguing that the plaintiffs had failed to prosecute the claim and that the proposed statement of claim was embarrassing. The court had to decide whether the plaintiffs should be granted leave to file the tenth statement of claim and whether the proceedings should be dismissed.

The court considered the principles governing leave to amend pleadings and the circumstances of the case, including the history of delays and the reasons for the proposed amendments. The court also examined the defendants' submissions regarding the failure to prosecute and the embarrassing nature of the proposed statement of claim. The court held that the plaintiffs had not demonstrated sufficient grounds for leave to amend the pleadings, and the delays in the proceeding warranted dismissal. The court found that the proceedings against both defendants should be dismissed for want of prosecution.

The court dismissed the plaintiffs' application for leave to file the tenth statement of claim. The proceeding against the first defendant was dismissed for want of prosecution. The proceeding against the second defendant was also dismissed for want of prosecution, but on the condition that the second defendant would not pursue any claim for fees and expenses against the plaintiffs within the proceeding or otherwise, within fourteen days of the order.