Multiple motions arose in two related civil actions involving commercial disputes concerning rose-growing agreements and related tort claims dating back to the early 1990s.
The court considered requests to dismiss the actions for delay, set aside a presumed registrar’s dismissal, determine entitlement to funds paid into court as security for costs, and various procedural relief.
The court found that the litigation had been inactive for more than a decade, constituting inordinate and inexcusable delay.
The court also found actual prejudice due to the deterioration of a key witness’s health and the fading of witness memories.
Both actions were dismissed for delay, and funds previously paid into court as security for costs were ordered released to the successful defendants.
