The plaintiff appealed a Master's order dismissing its breach of contract action for delay at a status hearing under Rule 48.14(13).
The plaintiff had taken no steps to move the action forward for 26 months and provided no explanation for the delay.
The Divisional Court upheld the Master's decision, finding no error in the application of the conjunctive test for dismissal, which requires the plaintiff to demonstrate both an acceptable explanation for the delay and that the defendants would suffer no non-compensable prejudice.
The appeal was dismissed with costs.
