The appellant appealed the dismissal of his action for delay.
The action against the respondents was commenced in 2004 alleging wrongful disclosure of confidential financial information by an employee of Canada Permanent Trust Company to the RCMP during a criminal investigation.
By 2016, the action had not progressed beyond the pleading stage despite being subject to a common timetable with another related action (the RCMP Action).
The motion judge found the delay inexcusable, attributing it to the appellant's decision to prioritize the RCMP Action over the Canada Permanent Action.
The motion judge also found that a fair trial was no longer possible due to the death of a key witness.
The Court of Appeal upheld the dismissal, finding the motion judge's analysis was well-supported by evidence and that the appellant's failure to advance the action over 12 years, despite court orders for joint case management, constituted inexcusable delay.
