The appellant appealed the motion judge's dismissal of his action for delay.
The action involved a dispute over ownership of shares in a corporation with an equity interest in a property development in Windsor, Ontario.
The appellant commenced the action in February 2004, more than seven and a half years after the relevant events in June 1996.
The action experienced significant periods of inactivity, including over five years of dormancy after the appellant filed his Affidavit of Documents.
The Court of Appeal upheld the dismissal, finding that the delay was inordinate, inexcusable, and prejudicial to the defendants, creating a substantial risk that a fair trial would not be possible.
