Background:

• Issue: Synergy requested a status hearing to establish next steps in the litigation and proposed a timetable for action, requesting that dismissal for delay under Rule 48.14 not be issued during the specified period.

Key Points:

• Chubb opposed the motion, citing Synergy's breach of Rule 48.14 and arguing that the delay has prejudiced Chubb since two key witnesses are no longer employed by the company.
• Contract Dispute: Originates from Synergy being contracted by Chubb to install security equipment for Pathcon Inc., with work ceasing in October 2015 due to an alleged safety breach.
• Litigation Timeline: Synergy filed the claim in May 2016. The discovery phase proceeded in February 2021 without the two key Chubb witnesses.
• Delay Explanation: Synergy attributed the delay in part to the impacts of the COVID-19 pandemic on its legal counsel's operations, including transitioning to remote work and experiencing significant staff changes.

Court's Decision:

• Delay Justified: Justice Wilkinson found Synergy provided a reasonable explanation for the delay, primarily due to pandemic-related disruptions.
• Prejudice to Chubb: The court found Chubb's claim of prejudice insufficient since the witnesses had left before discoveries and did not present enough evidence of significant harm due to the delay.
• Motion Outcome: Synergy's motion was granted. The court directed both parties to schedule a status hearing and submit proposed timetables, anticipating that the trial record would be filed in 2024.
• Costs: Agreed at $2,500, to be paid by Chubb to Synergy.

Conclusion:

The court permitted the litigation to proceed, acknowledging the unique circumstances caused by the COVID-19 pandemic and the lack of significant prejudice to Chubb. A new timetable for the action was to be established to move the matter toward conclusion efficiently.