The defendants moved to dismiss the plaintiff's subrogated claim for delay under Rule 24.01(2) of the Rules of Civil Procedure, as more than five years had passed since the action was commenced.
The plaintiff failed to provide a reasonable explanation for the delay, which included failing to answer undertakings for over three years.
Furthermore, the court found the defendants would suffer non-compensable prejudice because the oil tank, which was central to determining the cause of the leak, had been destroyed.
The motion was granted and the action was dismissed.
