Case Summary by John W. Bilawich

Re: Rule 22-7(7)
Case: Aker Kvaerner Canada Inc. v. Twardowski

This decision (Aker Kvaerner Canada Inc. v. Twardowski - 2010 BCSC 1153) considers an application to dismiss for want of prosecution under Rule 2(7) now 22-7(7). Application was heard on June 29, 2010 (just prior to the rule change) and decided August 16, 2010.

Madam Justice Fitzpatrick applied authorities dealing with Rule 2(7) and dismissed the application based on her finding that there was no serious prejudice to the Defendant and it was still possible to have a fair trial of the action on its merits. She also found that the interests of justice did not require that the action be dismissed.

The one “new” twist in the decision is perhaps the modest helping of judicial intervention at the end. After dismissing the application with costs, her Ladyship directed that the Plaintiff schedule a Case Planning Conference pursuant to Rule 5-1 of the Supreme Court Civil Rules as soon as possible to get the action moving again.