The plaintiff appealed an order dismissing its action for delay at a status hearing.
The action had not progressed beyond the pleadings stage five years after it was commenced.
The plaintiff failed to comply with a timetable agreed upon at a previous status hearing.
The Court of Appeal dismissed the appeal, finding that the status hearing judge did not err in considering the entire history of the delay, inferring the defendants' belief that the action was abandoned, and dismissing the action without evidence of actual prejudice to the defendants.
