The plaintiff commenced an action in January 2018 claiming over $5 million in damages arising from a crop failure allegedly caused by the defendant's seeds.
The action was administratively dismissed for delay on March 12, 2025, pursuant to Rule 48.14(1) of the Rules of Civil Procedure.
The plaintiff moved to set aside the dismissal and sought approval of a litigation timetable.
The defendant opposed the motion, arguing that the action was over seven and a half years old with no explanation for five years of delay.
The court granted the motion to set aside the dismissal, finding that the plaintiff satisfied the legal test despite significant delay.
The court imposed a timetable for completion of examinations, undertakings, mediation, and trial set-down, and ordered the plaintiff to pay the defendant's costs of $6,500.
