What is the test for dismissing an action for want of prosecution?

Saskatchewan, Canada


The following excerpt is from Big Sky Farms Inc v Koenders MFG (1997) Ltd, 2011 SKQB 205 (CanLII):

The law in this regard is complex but not especially hard to follow. In the case of Carey v. Twohig, 1973 CanLII 898 (SK QB), [1973] 4 W.W.R. 378, Bayda J., then of this court, identified the following criteria for the exercise of the court’s inherent jurisdiction to dismiss an action for want of prosecution: (a) there has been inordinate delay on the part of the plaintiff; (b) the inordinate delay is inexcusable and, until a credible excuse is made out, the natural inference is that it is inexcusable; and (c) the defendant is likely to be prejudiced by the delay.

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