The appellant appealed the dismissal of his action for delay.
He had sued the respondent insurer in 2002 for breach of contract relating to disability benefits.
After the exchange of pleadings in 2003, essentially no progress was made for over seven years, during which the appellant declared personal bankruptcy and failed to produce medical evidence.
The Court of Appeal upheld the motion judge's finding that the delay was inordinate, inexcusable, and gave rise to a presumption of prejudice that was not rebutted.
The appeal was dismissed.
