The self-represented plaintiff brought a motion for leave to file a statement of claim and for an extension of time to serve the notice of action and statement of claim on the defendant, his mother.
The notice of action was issued in 2014 but never served, and the underlying claims dated back to 1980.
The court dismissed the motion, finding that the plaintiff failed to provide independent evidence justifying the delay, the defendant reasonably inferred the claim was abandoned, and the defendant would suffer prejudice due to the passage of time, her declining health, and the death of a key witness.