The appellant, Timothy Rodger, appealed an order dismissing his action for delay under Rule 24.01 of the Rules of Civil Procedure.
The action, a negligence claim against London Hydro Inc., had seen no steps taken for over four years after examinations for discovery.
The motion judge dismissed the action, citing the passage of over five years since commencement, the lack of an affidavit explaining the delay, and the presumption of prejudice.
The Court of Appeal upheld the motion judge's decision, finding no error in the exercise of discretion to dismiss the action and deny a further adjournment.
The appeal was dismissed with costs awarded to the respondent.