The defendants moved to dismiss a wrongful dismissal action for delay under Rules 24.01 and 48.14 of the Rules of Civil Procedure.
The court held that none of the criteria under Rule 24.01 were met because the plaintiff had served the claim in time, the defendants had defended the action, and the matter had been set down for trial.
The master also found that he lacked jurisdiction to dismiss the action as an abuse of process outside the rule-based authority relied upon by the defendants.
Even if jurisdiction existed, the court held that the delay was not inordinate or inexcusable given earlier procedural steps and ongoing settlement discussions.
The motion was therefore dismissed and costs awarded to the plaintiff.