The plaintiff brought a motion under Rule 48.14 for an extension of time to set the action down for trial.
The action arose from a 2014-2015 sub-tenancy dispute.
The case had stalled since early 2017 because the plaintiff failed to answer undertakings from discoveries.
The court found the plaintiff's explanations for the delay—including the death of a principal, counsel's injury, and the COVID-19 pandemic—to be vague and unsatisfactory given the length of inactivity.
Presuming prejudice to the defendants due to the passage of time, the court dismissed the motion and dismissed the action for delay.
