The plaintiff brought a motion under Rule 48.14(5) to extend the time to set an action down for trial.
The action, commenced in 2017 for injuries allegedly sustained when struck by falling concrete, had not been set down for trial by the eighth anniversary of commencement.
The court dismissed the motion and the action for delay, finding that the plaintiff failed to provide an acceptable explanation for the delay and failed to demonstrate that the defendants would not suffer non-compensable prejudice.
The primary cause of delay was the plaintiff's failure to produce relevant documents and answer outstanding undertakings.
Despite multiple accommodations from the defendants and efforts by current counsel to obtain compliance, the plaintiff failed to cooperate adequately or demonstrate an intention to pursue the action.
