The defendants brought a motion to dismiss the plaintiff's wrongful dismissal action for delay under the Langenecker test.
The action had been outstanding for eleven years but was a relatively straightforward wrongful dismissal claim for a one-year employee.
The court found the delay was inordinate but not inexcusable, as the plaintiff had adequately explained the turnover of counsel and procedural complications.
Even assuming the delay was inexcusable, the court found no prejudice to the defendants' ability to have a fair trial, as discovery transcripts preserved evidence and previous findings on the amendment motion had already rejected prejudice claims.
The defendants' motion was dismissed and the plaintiff's cross-motion to restore the action to the trial list was granted with a peremptory timetable imposed.
