The plaintiff, Unlimited Motors Inc., sought an order to extend the set down deadline in an action concerning the purchase of two Lamborghini dealerships.
The motion was brought after the presumptive 5-year deadline, with the plaintiff's director citing personal health issues and family responsibilities as reasons for the delay.
The court granted the motion on terms, distinguishing its approach from a previous Master's decision in a related case by giving more weight to the plaintiff's personal circumstances, especially given the lack of cross-examination on the evidence and the defendants' failure to demonstrate actual prejudice.
