The self-represented appellant appealed a motion judge's order dismissing the action for delay.
The Court of Appeal found the motion judge erred by giving no credence to the appellant's un-cross-examined affidavit explaining the delay.
Noting that the respondents had also delayed in taking steps and that there was no evidence of actual prejudice, the Court allowed the appeal, set aside the dismissal, and imposed a strict timetable for the appellant to advance the litigation.
