SMALE v JOOZDANI

The Defendants to a debt Action commenced in 2011 sought dismissal of the Action for prejudicial delay pursuant to Rule 4.31. Master Prowse applied the test set out in Humphreys v Trebilcock, 2017 ABCA 116, finding in turn that the Plaintiffs failed to advance the Action at the pace of a litigant acting reasonably; the delay was inordinate; the inordinate delay was inexcusable; the presumption of significant prejudice was not rebutted; and finally, that there was no compelling reason not to dismiss the Action. The Action was dismissed for delay, conditional on the concurrent dismissal of the Counterclaim.