The parties formed a partnership in 1972 to purchase and develop land.
In 1981, the partnership was dissolved when the plaintiff walked away and the property was transferred to the defendant's company.
The plaintiff waited 18 years before demanding an accounting of profits.
The trial judge awarded the plaintiff a share of the profits as of the 1981 dissolution date.
On appeal, the Court of Appeal held that the trial judge erred in finding that the doctrine of laches did not apply.
The plaintiff's extraordinary and unreasonable delay in seeking redress, while the defendant bore all the risk and expense of development, rendered the prosecution of the action unjust.
The appeal was allowed and the action dismissed.
