In an estate dispute between siblings, the estate trustee moved to dismiss an application requiring an accounting of estate assets on the basis of delay.
The delay resulted largely from the applicant’s former lawyer, who had misled the client and failed to advance the proceeding while suffering from severe personal and mental health issues.
The court held that the delay was adequately explained, the applicant intended to pursue the claim, and the moving party had also failed to take steps to advance the matter or his own related motion regarding a purported will.
The court further found no non-compensable prejudice resulting from the delay.
Exercising its discretion, the court declined to dismiss the application.
