The defendants brought motions to dismiss two actions for delay, arguing that the plaintiff's delay of over five years was inordinate and inexcusable, and that the death of a key defendant prejudiced their ability to have a fair trial.
The court found the delay to be inordinate and inexcusable.
However, the court was not persuaded that the death of the defendant, Dennis Chedli, would compromise the defence, particularly given the nature of the defences and the availability of other evidence.
The plaintiff successfully rebutted the presumption of prejudice under Rules 24.01(2) and 48.14(1)1.
The motions to dismiss for delay were dismissed.
