The plaintiff, a creditor of a bankrupt lawyer, sought to proceed with an action to collect a debt allegedly owed by the defendant, a former client of the lawyer.
The defendant moved to dismiss the action for delay, citing the 11.5 years since the action commenced.
The court found that while the delay was inordinate, it was excusable due to the lawyer's bankruptcy and the time required for the plaintiff to obtain a section 38 order under the Bankruptcy and Insolvency Act.
The court also found no substantial risk to a fair trial, as relevant documents and witnesses were available.
The defendant's motion to dismiss was denied, and the action was allowed to proceed.