S. Gallagher

The plaintiff commenced an action in 2002 seeking a declaration that a 2001 will executed by his late father was valid.

The defendants, the plaintiff's sisters, challenged the father's testamentary capacity.

After 17 years of litigation with significant periods of inaction, the defendants moved to dismiss the action for delay.

The court found the delay was inordinate and inexcusable, rejecting the plaintiff's explanations regarding childcare and financial difficulties.

The court also found the delay caused specific prejudice to the defendants, as relevant medical and insurance records were no longer available.

The motion to dismiss the action was granted.

This is an addendum to a ruling granting the defendants' motion to dismiss the action.

The court clarified that the dismissal is not an adjudication on the merits and does not automatically declare the 1997 will takes precedence over the 2001 will.

The court ordered the parties to attend a settlement meeting if the matter is not resolved within 45 days.

The defendant brought a motion for civil contempt against the plaintiff and his co-guardian for failing to file an amended management plan with the Public Guardian and Trustee, as required by a prior court order.

The court applied the three-part test for civil contempt from Carey v. Laiken.

While the order was clear and the respondents had knowledge of it, the court found their failure to comply was an unintentional oversight rather than an intentional breach.

Furthermore, the court exercised its discretion to dismiss the contempt motion, noting it was brought for tactical reasons and caused no damage to the estate.