The defendant estate moved to dismiss the plaintiffs' medical malpractice action for delay.
The action was commenced in 2008 regarding treatment provided in 2006.
The plaintiffs failed to answer undertakings for years and did not move the action forward.
The defendant doctor died in 2015.
The court found the delay of almost nine years to be inordinate and inexcusable, rejecting the plaintiffs' explanation that family stress prevented them from pursuing the litigation.
The court concluded that the defendant would suffer substantial prejudice due to the doctor's death, as discovery transcripts could not adequately replace his viva voce evidence on the key issues of informed consent and negligence.
The action was dismissed.
