The defendants and third parties brought motions to dismiss three related actions for delay, citing the plaintiffs' prolonged inaction over several years.
The plaintiffs brought a cross-motion for a status hearing and leave to amend their statement of claim.
The court found that the plaintiffs failed to provide an acceptable explanation for the significant delay and did not rebut the presumption of non-compensable prejudice to the defendants, particularly due to the death of a key witness.
Consequently, the court granted the defendants' motions to dismiss all actions for delay and dismissed the plaintiffs' cross-motion.
