The defendants moved to dismiss the plaintiff's two construction defect actions for delay.
The actions were commenced in 2011 and 2012 but had not progressed to discoveries.
The plaintiff's former counsel claimed a 'mental block' prevented him from advancing the files, and the plaintiff's principal claimed ignorance of the delay.
The court found the delay was inordinate and inexcusable, noting the plaintiff's principal failed to monitor the litigation.
The court also found actual prejudice to the defendants, including the death of a key witness.
The motions were granted and the actions dismissed.
