The defendants moved to dismiss the plaintiffs' action for inordinate and inexcusable delay, spanning 22 years.
The litigation arose from a business partnership dissolution and minority shareholder dispute from 1993, involving allegations of oppression, breach of fiduciary duty, and fraudulent manipulation of accounts.
The court applied the Langenecker v. Sauvé test under Rule 24.01, finding the delay inordinate and inexcusable, particularly due to the plaintiffs' failure to advance the case and the loss of their entire file, including critical financial documentation and the death of the primary plaintiff and key accountants.
The court concluded that a fair trial was no longer possible due to both presumed and actual prejudice to the defendants.
The plaintiffs' action was dismissed for delay.
