The plaintiff sought an extension of time to serve a Statement of Claim, filed in 2017 for a 2015 motor vehicle accident.
The court dismissed the motion, finding the delay of over five years to be extreme and inexcusable.
The plaintiff's explanations, including inability to locate parties, a negligent associate, and COVID-19, were deemed without merit.
The court found actual and presumed prejudice to the defendants due to the passage of time, loss of evidence, and compromised ability to investigate and bring third-party claims.
The decision emphasized counsel's ultimate responsibility for prosecuting the action.
