The defendants brought a motion to dismiss the plaintiff's 2006 breach of contract action for delay.
The court found that the 11-year delay was inordinate and inexcusable, but noted that the defendants had condoned the delay by consenting to set aside a previous dismissal order and allowing amendments to the statement of claim.
Furthermore, the court found no substantial risk that a fair trial would not be possible, as witnesses were available and documentary evidence was preserved.
The motion was dismissed.
