What are some cases in which an action has been dismissed for delay on the ground of delay?
Ontario, Canada
The following excerpt is from Bassiouny v. Lo, 2008 CanLII 68883 (ON SC):
The cases in which an action has been dismissed for delay on the ground of delay have been relatively extreme. In Piche v. Mitchell [1963]2 O.R. 193-195 (H.C.J., Sr. Master (Marriott), it was held that a plaintiff who had done nothing in an action for five years could not in answer to a motion for dismissal for lack of prosecution claim that the defendant had not been prejudiced by the delay.
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