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Motion to dismiss granted; re-hearing cancelled due to unreasonable five-year delay and abuse of process.
AgriCorp brought a motion to dismiss the appellant's request for a re-hearing of his crop insurance claim due to a five-year delay.
The Tribunal found that the delay was unreasonable and largely attributable to the appellant and his counsel, who failed to provide satisfactory explanations or medical evidence.
The appellant also failed to comply with a previous order to repay insurance funds as a condition of the re-hearing.
The Tribunal concluded that the delay and non-compliance constituted an abuse of process, granted the motion to dismiss, cancelled the re-hearing, and restored the original 2008 decision.