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.
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