On a motion arising from a long-delayed civil action alleging employee misappropriation and a counterclaim alleging wrongful dismissal and defamation, the court dismissed the plaintiff corporation's main action and struck the reply and defence to counterclaim for delay.
Applying the Rule 24 delay-dismissal framework, the court found inexcusable delay and non-compensable prejudice because critical banking and patient records had likely been destroyed under document retention policies and witness memory had faded.
The court refused to dismiss the counterclaim against the individual defendant to counterclaim personally, but granted leave for him to act for the corporate party.
The balance of the responding parties' motion, including restoration to the trial list, was dismissed.
