The appellant appealed an order dismissing its action for delay.
The Court of Appeal found that the motions judge erred in principle in finding prejudice due to inexcusable delay, as the prejudice alleged was general in nature and there was no evidence of missing or incapacitated witnesses.
The appeal was allowed and the order set aside, but without prejudice to the respondent to move again if the appellant failed to answer undertakings within thirty days.
Costs of the appeal and motion were awarded to the respondent.
