The plaintiffs brought a motion for a status hearing under Rule 48.14(5) to show cause why their action should not be dismissed for delay.
The action arose from a construction mortgage dispute and was related to a separate Brampton action where the defendants had obtained summary judgment against the plaintiffs.
The Master found that the plaintiffs' involvement in the related action and the defendants' failure to serve a statement of defence provided an acceptable explanation for the delay.
The Master also found no non-compensable prejudice to the defendants and ordered that the action proceed.