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CIVIL PROCEDURE - Disposition without trial - Dismissal of action - Delay or failure to prosecute

Thursday, February 01, 2018 @ 8:46 AM  

Appeal by the plaintiff from a decision allowing the respondents’ appeal from a Master’s order reinstating the appellant’s action to the trial list. The action was commenced in 2007. It was dismissed administratively twice for delay and then reinstated on consent. Three court-ordered timetables imposed on the appellant were not met. In 2016, the parties agreed to a fourth timetable, as well as a consent order under Rule 48.14(4). The appellant was late in performing some of the steps in the fourth timetable, but managed to...