The defendants moved to dismiss a 2009 action for delay and, alternatively, for security for costs.
The court found the delay of 13 years to be inordinate and inexcusable, primarily due to the plaintiff Lawrence Mark Dale's inactivity and failure to provide explanations or respond to the motion.
A presumption of prejudice to the defendants arose, which the plaintiff failed to rebut, particularly given the nature of the conspiracy claims requiring witness recollection.
The action was dismissed for delay.
The court also addressed the security for costs motion, noting that if the action had not been dismissed, Mr. Dale would have been ordered to post $400,000 in security for costs to TRREB due to an outstanding costs order against him in another proceeding.
