At a Rule 48.14 status hearing, the plaintiff was required to show cause why a civil action alleging breach of contract, breach of fiduciary duty, and professional negligence arising from real estate transactions should not be dismissed for delay.
The court reviewed the procedural history and found that the plaintiff had taken minimal steps to advance the action over several years, failed to provide any reasonable explanation for the delay, and had not diligently pursued service, pleadings, or discovery.
The court further held that the deaths of two key defendants created significant non-compensable prejudice because their evidence regarding the disputed transactions could no longer be obtained.
Applying the principles in Savundranayagam v. Sun Life Assurance Co. of Canada and related authorities, the court concluded that the plaintiff failed to satisfy both branches of the test required to avoid dismissal.
The action was therefore dismissed for delay.
