The Peel District School Board (PDSB) brought a motion to dismiss the plaintiffs' action for delay, approximately eight years after its commencement.
The action had not progressed beyond the pleadings stage.
The court applied the test for dismissal for delay, finding the delay inordinate and inexcusable.
Despite the plaintiffs' assertion that the delay was due to their former lawyer's misconduct, they failed to provide direct evidence to support this claim or rebut the presumption of prejudice.
The court found that the delay created a substantial risk that a fair trial would not be possible, and consequently, granted the PDSB's motion, dismissing the action.
