Retail Case Update: Slip And Fall In The Mall – Dismissal For Inexcusable Delay

In the recent decision of Ramirez Carabantes v. Ivanhoe Cambridge, 2024 BCSC 520 (here), the BC Supreme Court dismissed a case in favor of a retailer due to inordinate and inexcusable prosecution delays and continuous failure to comply with court orders. Building on recent appellate authority, this underscores the importance of prosecuting civil actions in a timely way and that there can be significant consequences for inordinate and inexcusable delays.

In this case, the plaintiff slipped and fell in a mall in 2013 although litigation was not commenced until 2015. Once initiated, the lawsuit progressed in what the court deemed a leisurely fashion. Through the years, the plaintiff failed to appear for hearings and repeatedly failed to comply with court orders for document disclosure.