Case Overview:

• The plaintiff, Opara Law PC, sought $1 million in damages for business interruption following two flooding incidents in 2013 at a leased property.
• This action was initiated in 2015, but significant delays ensued, including an extended period with no action by the plaintiff.
• The defendants filed a motion to dismiss the claim for delay, supported by the City of Toronto.

Key Findings:

1. Inordinate Delay:

   • The case involved a delay of over nine years since filing, and over six years with no substantive progress.
   • The plaintiff failed to meet court-ordered deadlines and did not provide complete responses to required undertakings from discovery.

2. Inexcusable Delay:

   • The court found no adequate explanation for the extensive delays. Attempts by defendants’ counsel to progress the case went unheeded.

3. Prejudice to Defendants:

   • Due to the lengthy delay, key documents and witnesses relevant to the business interruption claim might no longer be available.
   • The plaintiff's late and incomplete responses exacerbated the risk of an unfair trial.

Outcome:

• The court granted the defendants' motion, dismissing the action for delay.
• The plaintiff was ordered to pay the defendants' costs: $1,857.72 for the motion and $9,795.39 for the action, both due within 30 days.