The defendants brought a motion to dismiss the plaintiff's action for delay.
The plaintiff claimed an interest in a farm property based on an alleged 1990 oral agreement.
The action was commenced in 2007, but the plaintiff took no steps to advance the litigation after discoveries in 2009.
The court found the delay to be inordinate and inexcusable, rejecting the plaintiff's uncorroborated claims of illness.
The court also found actual prejudice to the defendants, as one defendant had died and the other had developed dementia, making a fair trial impossible.
The motion was granted and the action was dismissed.
