The defendant brought a motion to dismiss the action for delay because the plaintiff failed to serve the statement of claim within the prescribed six-month period.
The claim arose from a 2015 motor vehicle accident and was issued in 2017, but was not properly served until 2022.
The court found the delay to be inordinate, inexcusable, and entirely the fault of the plaintiff.
Presumed prejudice to the defendant was not rebutted, leading the court to grant the motion and dismiss the action.
