The defendants moved to dismiss the action for delay under Rule 24.01 of the Rules of Civil Procedure.
The plaintiffs argued that the defendants were not entitled to bring the motion due to non-compliance with discovery plan obligations, that the delay was not inordinate, and that there was a reasonable explanation for the delay (conflict of interest with previous counsel, health issues of a key principal, COVID-19 pandemic, and a complex property sale).
The plaintiffs also argued that the defendants failed to demonstrate actual prejudice.
The court found that the 1 year and 9 months delay was not inordinate, and that the combined explanations for the delay were reasonable and cogent.
Furthermore, the defendants failed to prove actual prejudice that would prevent a fair trial.
Consequently, the motion to dismiss was dismissed, and no costs were awarded due to the plaintiffs' inaction necessitating the motion.