The defendant brought a motion to dismiss the action for delay pursuant to Rule 24.01 of the Rules of Civil Procedure.
The plaintiff opposed the motion and requested an extension of time to restore the action to the trial list.
The court found that the delay was neither intentional nor contumelious, noting that much of the delay was caused by the plaintiff's former counsel withdrawing due to conflicts of interest.
The court also found no prejudice to the defendant, as all witnesses and documents were available.
The defendant's motion was dismissed, the plaintiff's request for an extension was granted, and costs of $20,000 were awarded to the plaintiff.
