The plaintiffs commenced an action for $4,000,000 in damages following a fire at their premises in 2013.
The moving defendants sought to dismiss the action due to the plaintiffs' failure to comply with a 2024 interlocutory timetable order and for inordinate delay under Rule 24.01.
The plaintiffs brought a cross-motion to restore the action to the trial list.
The court found the plaintiffs failed to provide an acceptable explanation for their non-compliance and for the over 11-year delay since the action was commenced.
Concluding that the delay caused non-compensable prejudice to the defendants, the court dismissed the action and denied the cross-motion.
