The appellant commenced an action in 2001 against the municipality.
After years of inactivity and failure to set the action down for trial, the motion judge dismissed the action for delay in 2015.
The appellant appealed, arguing the motion judge erred in finding inordinate and inexcusable delay, and failed to accommodate him as a self-represented litigant.
The Court of Appeal dismissed the appeal, finding the delay was indeed inordinate and inexcusable, raising a presumption of prejudice that the appellant failed to rebut.
The court noted that while self-represented litigants face challenges, they must still familiarize themselves with relevant procedures.
