The plaintiffs brought a motion for leave to extend the time to prepare, file, and serve a statement of claim.
The action arose from a commercial lease dispute where the defendant landlord allegedly locked the plaintiff out and seized assets.
The notice of action was issued and served in November 2016, but no statement of claim was filed.
The court found the plaintiff's delay was adequately explained by financial hardship and medical issues.
Applying the Chiarelli test, the court held the plaintiffs rebutted the presumption of prejudice, as the defendant had photographic evidence and lists of assets.
The motion was granted, with costs of $500 awarded to the defendant in the cause for prior adjournments.
