The defendant law firm moved under Rule 24.01 of the Rules of Civil Procedure to dismiss a professional negligence and conflict of interest action for delay.
The action had been commenced in 1993 concerning legal advice provided in a 1987 building code appeal and alleged conflict arising from representation of another developer in 1990.
Over more than two decades the plaintiff repeatedly failed to move the case forward, delayed discoveries, postponed expert evidence for many years, and allowed significant periods of inactivity.
The court found the delay both inordinate and inexcusable and concluded that the presumption of prejudice to the defendant had not been rebutted.
The court also held the delay constituted an abuse of process under the court’s inherent jurisdiction.
