At a status hearing under Rule 48.14(13) of the Rules of Civil Procedure, the defendants sought dismissal of the plaintiffs’ action for delay arising from a 2007 lawsuit relating to the purchase of a retirement home and alleged wrongdoing by vendors, real estate agents, and the plaintiffs’ former solicitor.
The court reviewed the procedural history, including delays in scheduling examinations for discovery and counsel availability, and applied the two‑part test requiring the plaintiffs to explain the delay and demonstrate an absence of prejudice to the defendants.
Although the litigation had progressed slowly and one plaintiff was medically incapable of discovery, the court found this was the first status hearing, the plaintiffs were not in breach of court orders, and a litigation timetable had been proposed.
The court concluded the plaintiffs should be given a “lifeline” to proceed.
A timetable was ordered requiring the trial record to be passed within twelve months.
