The plaintiff brought a motion for a status hearing under Rule 48.14 to set a timetable for the remaining steps in an action commenced in 2010.
The defendant opposed the motion and sought dismissal for delay.
The court found that the delay was largely attributable to the plaintiff's former counsel, who failed to advance the action and refused to release the file due to a solicitor's lien.
The court held that the plaintiff had not abandoned the action and should not be penalized for counsel's inaction.
Furthermore, the court found no actual prejudice to the defendant, despite the deteriorating health of its key witness and the destruction of some documents.
The motion was granted, allowing the action to proceed on its merits.
