What is the test for invoking Rule 2(d) of the Rules of Court?
British Columbia, Canada
The following excerpt is from Muscroft v. Eurocopter S.A., 2002 BCSC 1680 (CanLII):
As our Court of Appeal noted in Hauwelling v. Dowak Industries Ltd., [1980] B.C.J. No. 1276 (at paragraph 10), the effect of invoking Rule 2(d) of our Rules of Court is to deny the defendants the right to proceed to trial, and that step should not be taken unless “it is clear the defendant has refused or neglected to comply with the rules without lawful excuse.”
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