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ARTICLE · 17 JANUARY 2024

"Get On With It:" B.C.C.A. Lowers Bar For Dismissal For Want Of Prosecution

Lawson Lundell LLP
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The B.C. Court of Appeal recently revised the test for the dismissal of a civil claim for delay, known in legalese as "want of prosecution." They did so by replacing the narrow requirement...

CanadaLitigation, Mediation & Arbitration
Peter Roberts
Peter Roberts
Jordan Hayward
Jordan Hayward
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The B.C. Court of Appeal recently revised the test for the dismissal of a civil claim for delay, known in legalese as "want of prosecution." They did so by replacing the narrow requirement of proving prejudice caused by a delay with a broader inquiry into whether the continued prosecution of a long-standing claim is in the "interests of justice."

In Giacomini Consulting Canada Inc. v. The Owners, Strata Plan EPS 3173, 2023 BCCA 4731, the appellants argued that the existing test was unduly narrow and prioritized a plaintiff's interests in a trial over a broader public confidence in the administration of justice and the timely adjudication of civil disputes. A 5-member division of the Court of Appeal agreed.

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