What are the failures of the Master Master in dismissing an action for delay?
Ontario, Canada
The following excerpt is from Francis v Peel Police Services Board, 2017 ONSC 1418 (CanLII):
In the factum on behalf of the plaintiff for this appeal, counsel refers to Langenecker v. Sauvé, and the principles that an action should not be dismissed for delay unless either (1) the delay was intentional or contumelious; or (2) the delay was inordinate, inexcusable and prevents the fair trial of the action, i.e. prejudiced the defendant. Counsel then lists in his factum the failures on the part of the Master to which I will refer below.
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