The appellant appealed a Master's order dismissing his action for long-term disability benefits at a status hearing.
The Master found that the appellant failed to provide a satisfactory explanation for a 15-month delay in prosecuting the action and that the respondent suffered actual prejudice due to the lack of medical evidence and inability to investigate the claim.
The Divisional Court applied the standard of review from Zeitoun, finding no error of law, wrong exercise of discretion, or palpable and overriding error by the Master.
The appeal was dismissed.