The appellants appealed an order dismissing their action under Rule 24.01(1)(c).
The parties agreed the rule could not be invoked because the respondents had not served their affidavit of documents.
However, the Court of Appeal upheld the dismissal on the alternative ground that the action was an abuse of process, citing inordinate unexplained delay since 1996, conduct in prior related litigation, and failure to comply with a previous court order.
The appeal was dismissed with costs.
