In this article, we will review the Court's decision and
outline the new test for dismissal of an action for want of
prosecution.
THE FACTS
The underlying action involves a construction dispute over
alleged failures in a residential tower HVAC system. The action was
commenced in August 2019 and the Notice of Civil Claim was served
in August 2020.
In February 2021, the appellants sought to strike the claim for
want of prosecution. This application was adjourned after
discussion with the parties. Following this, the respondent took no
other steps in the litigation.
On January 31, 2023, the appellants filed a second application
to dismiss the action for want of prosecution. They alleged that
the action was damaging to their reputation and business.
