The appellant appealed the dismissal of her action for delay.
The action arose from two separate events in 2009—an alleged slip and fall accident and a motor vehicle accident—and had been ongoing since 2011.
A timetable was imposed in 2015 requiring completion of discoveries, mediation, and trial set-down by specific dates.
The appellant failed to comply with the timetable.
The motion judge dismissed the action for inordinate and inexcusable delay, finding the appellant failed to rebut the presumption of prejudice and that a fair trial was no longer possible.
The Court of Appeal upheld the dismissal, finding no error in the motion judge's analysis.
