The defendant brought a motion under Rule 24.01(1)(c) of the Rules of Civil Procedure to dismiss an action for delay where the plaintiff failed to set the matter down for trial within six months after the close of pleadings.
The court found that pleadings had effectively closed in 1996 but the action was not set down for trial until 2011, resulting in approximately 15 years of delay and nearly 26 years since the underlying events.
The plaintiff’s explanations, including health issues and disputes with former counsel, were insufficient to justify long periods of inactivity.
The court held that the delay was inexcusable and that the passage of time created a presumption of prejudice which the plaintiff failed to rebut.
Given faded memories, unavailable witnesses, and the risk that a fair trial was no longer possible, the action was dismissed for delay.