Can an adjourned application under Rule 2(7) of the Rules of Civil Procedure be dismissed at trial?

British Columbia, Canada


The following excerpt is from Ramcoff Productions v. Lesmur Enterprises et al., 2000 BCSC 1940 (CanLII):

In Bonaparte Indian Band v. Lakeridge Contracting Ltd. (1999), B.C.C.A 729, Mr. Justice Esson said, at para. 10: ...it is an error in principle to adjourn an application under Rule 2(7) to trial. Such a course is not sanctioned by the language of the rule, which empowers the court to order that the action be dismissed "...if upon the application by a party it appears...that there is a want of prosecution." The issue is of a kind which, as a practical matter, must be decided before trial. One purpose of the rule is to provide an avenue to relieve a defendant from the injustice of having to defend an action which has been inordinately delayed. That purpose would be defeated by leaving the matter to be decided at trial. I agree with counsel for the defendant that it follows that an application under Rule 2(7) must be decided before a summary trial under Rule 18A.

Other Questions


Can an application be brought to dismiss an application under s. 27(1)(c) of the Rules of Civil Procedure Act? (British Columbia, Canada)
What is the test for establishing that an application has been commenced as an application under the 1972 Rules of Civil Procedure? (Nova Scotia, Canada)
Can the court use the application procedure under rule 14.05(h) of the Rules of Civil Procedure to determine whether there will be any material facts in dispute? (Ontario, Canada)
Can a summary judgment application be granted under Rule 18 of the Rules of Civil Procedure? (British Columbia, Canada)
What is the test for an application for a reprieve under the Rules of Civil Procedure? (Canada (Federal), Canada)
Can a chambers judge proceed under Rule 18A of the Rules of Civil Procedure in a summary trial where there are conflicting evidence? (British Columbia, Canada)
What is the test for obtaining leave under R. 16-1(7) of the BCSC, R.16-1 of the Rules of Civil Procedure, and what is the basis for the application? (British Columbia, Canada)
Is it proper for a solicitor to seek an order under R. 625 of the Rules of Civil Procedure to order that costs of an application be taxed as between solicitor and client and added to the amount to be charged? (Alberta, Canada)
What is the test for a summary trial under the Rules of Civil Procedure in a personal injury case? (British Columbia, Canada)
What is the effect of Rule 30 of the Rule 40A of the Rules of Civil Procedure on an application for a medical examination that comes three weeks before trial? (British Columbia, Canada)