The appellants appealed a Master's decision allowing the respondents' action for copyright infringement to proceed following a status hearing under Rule 48.14.
The appellants argued the Master erred in law by only considering prejudice that accrued during the period of delay for which the respondents were at fault, and in finding no non-compensable prejudice.
The Superior Court dismissed the appeal, finding the Master applied the correct test, properly accepted ongoing settlement discussions as a reasonable explanation for much of the delay, and correctly limited the prejudice analysis to the period of blameworthy delay.