The appellants appealed an order dismissing their action for delay under Rule 48.14(7)(a) of the Rules of Civil Procedure.
They argued the Associate Justice erred by failing to consider contextual factors and made palpable and overriding errors regarding their lack of steps taken and the absence of prejudice to the respondents.
The Divisional Court dismissed the appeal, finding no errors in principle or palpable and overriding errors of fact, noting the appellants failed to provide an acceptable explanation for the delay or demonstrate that the respondents would suffer no non-compensable prejudice.
