The appellant appealed a motion judge's decision to dismiss his action for delay and refuse to restore it to the trial list.
The action, arising from a 2014 motor vehicle accident, was struck from the trial list in 2019 due to a lack of an expert report.
Over a year later, the respondents moved to dismiss for delay.
The appellant provided an expert report and moved to restore the action.
The Court of Appeal upheld the motion judge's discretionary decision, finding that the appellant failed to explain the inordinate delay or demonstrate that the respondents would not suffer non-compensable prejudice.
The appeal was dismissed with costs to the respondents.
