The defendant Ministry appealed a Master's decision at a status hearing allowing the plaintiff's action to proceed despite a five-year delay.
The Master found the delay was caused by the plaintiff's former counsel failing to act on instructions, and that the defendant would suffer no non-compensable prejudice.
The Superior Court of Justice dismissed the appeal, holding that the Master made no errors of law or palpable and overriding errors of fact in applying the Khan test for delay.
