The case illustrates that where a defamation action has been on foot for almost 18 years with grossly inadequate progress, incomplete disclosure, deficient pleadings, no expert report, doubtful funding capacity, questionable merits, and clear prejudice to the defendant from late allegations of malice, the court will refuse leave to proceed and strike out the action. Damages for defamation cannot serve their vindicatory purpose after extreme delay. A plaintiff's failure to apply for leave to proceed before the two-year period expires, combined with failure to take any step to progress the action, supports an inference that the plaintiff is a reluctant litigant who does not intend to prosecute.
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