The defendants brought motions to dismiss the plaintiff's action for delay.
The action, arising from a 2005 real estate purchase, was struck from the trial list in 2010.
The court found over six years of unexplained delay by the plaintiff and his counsel.
Applying the test for dismissal for delay, the court concluded the delay was intentional and contumelious, and alternatively, inordinate and inexcusable, resulting in a substantial risk that a fair trial would not be possible.
The action was dismissed.
