Can a motion to dismiss an action for delay be appealed?

Ontario, Canada


The following excerpt is from Alexander v. Rosedale United Church, 2011 ONSC 785 (CanLII):

In Armstrong v. McCall, supra, the plaintiff sued doctors for malpractice. The action was commenced during the month of August 1998. On March 7, 2003, the physicians brought a motion to dismiss action for delay. It was denied by the judge. On September 23, 2003, a second motion to dismiss the action for delay was brought. It, too, was dismissed. A motion seeking leave to appeal the decision in the second motion also failed. On August 2, 2005, a third motion to dismiss the action of the plaintiffs for delay was argued. It was granted. The action was dismissed.

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