What are the consequences of a long delay in bringing a motion for dismissal for want of prosecution?

British Columbia, Canada


The following excerpt is from Mydonick v ICBC, 2017 BCSC 1897 (CanLII):

The plaintiff’s position is that, while essentially conceding that the delay is inordinate, the draconian remedy of dismissal for want of prosecution ought not to be granted. In Louie v. Webber, 2013 BCSC 1763, Mr. Justice Rogers considered a case where it was 14 years after the event and the plaintiff was still not ready for trial. The plaintiff, self-represented, offered no real excuse for not having prosecuted the case efficiently, other than blaming counsel for the defendant. Justice Rogers analyzed defendant counsel’s conduct and found in paras. 22-23:

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