The plaintiffs moved for a status hearing to extend the time to set the action down for trial, while the defendant sought to dismiss the action for delay.
The action arose from a 2015 aircraft crash involving the plaintiff and the late defendant.
The court found that the plaintiff provided an acceptable explanation for the delay, citing the conduct of former defence counsel, the plaintiff's incarceration, the COVID-19 pandemic, and changes in plaintiff's counsel.
Although the defendant died during the litigation, the court held that the resulting prejudice was already present when the defendant previously consented to a timetable extending the set-down deadline.
The court granted the plaintiff's motion, extended the time to set the action down, and awarded costs to the plaintiff.
