The defendant moved to dismiss the plaintiff's personal injury action for delay and failure to comply with multiple court orders.
The action arose from a 2008 motor vehicle accident and had been plagued by delays, including being struck from the trial list and twice dismissed for delay.
The plaintiff, a party under disability, failed to retain counsel or comply with numerous undertakings and production orders despite multiple extensions.
The court found the delay inordinate and inexcusable, noting the plaintiff failed to rebut the presumption of prejudice.
The action was dismissed, but the court declined to award costs against the plaintiff.
