Law360 Canada ( June 9, 2025, 11:56 AM EDT) -- Appeal by appellants from a case management order dismissing their counterclaim against respondent for prejudicial delay after more than 13 years of litigation. The parties were involved in contracts for cargo shipping on the respondent aircraft, which led to a dispute over contract renewal. The respondent initiated legal action, claiming breach of contract and damages. The appellant counterclaimed, alleging contract renewal and damages due to the respondent’s refusal to honour it. The litigation involved multiple case management orders and appeals, with significant disagreements over discovery and procedural matters. The appellants contended that the case management judge erred in finding inordinate and inexcusable delay and that they did not rebut the presumption of significant prejudice. They also argued that the judge failed to address whether the respondent contributed to or waived the delay and disagreed with the judge’s alternative finding of actual significant prejudice. The appellant further submitted that the judge erred in dismissing the counterclaim instead of imposing a lesser remedy. The appellant raised several issues on appeal including whether the case management judge erred in finding inordinate and inexcusable delay, whether significant prejudice was established, whether the judge should have imposed a procedural order instead of dismissing the counterclaim, and whether the judge provided adequate reasons for his decision....