At a contested status hearing under Rule 48.14 of the Rules of Civil Procedure, the defendants sought dismissal of the plaintiff’s negligence action for delay.
The court applied the two‑part conjunctive test confirmed by the Court of Appeal requiring the plaintiff to show a reasonable explanation for the delay and absence of non‑compensable prejudice to the defendant.
Although the defendants conceded they would not suffer prejudice if the action proceeded, the plaintiff failed to provide any satisfactory explanation for extensive procedural delays, including failure to properly plead the claim, repeated non‑compliance with court orders, and lengthy unexplained gaps in advancing the litigation.
The court emphasized that plaintiffs bear primary responsibility for moving actions forward and that persistent disregard of procedural timelines undermines the administration of justice.
As the plaintiff did not meet the required test, the action was dismissed.
