V. Luchko

The defendants moved to dismiss the action for delay and discharge certificates of pending litigation.

The action, commenced in 2014, arose from an alleged oral trust agreement and wrongful eviction.

The original plaintiff lost capacity and passed away during a lengthy period of inactivity, and her evidence was never preserved.

The court found the delay to be inordinate, inexcusable, and highly prejudicial, as a fair trial was no longer possible without the deceased plaintiff's direct evidence.

The motion was granted, the action was dismissed, and the certificates of pending litigation were discharged.

The plaintiff, a former commissioned travel agent, brought a motion for leave to amend her statement of claim to allege a partnership, and for further and better affidavits of documents.

The defendants brought a cross-motion for further and better affidavits of documents from the plaintiff.

The court granted the plaintiff leave to amend, finding no non-compensable prejudice.

The court also ordered both parties to produce various financial, banking, and sales records relevant to the issues of the relationship's nature, mitigation, and alleged fraud, resulting in divided success.