In the case of Bjerke v Great Canadian Casinos Incorporated, dated October 5, 2023, the defendant, Great Canadian Casinos Incorporated, had sought to dismiss the claim of Kenneth Bjerke, the plaintiff, for want of prosecution in a legal case.
Mr. Bjerke had been an employee of the defendant for more than 25 years until his termination in June 2015 without cause.
He had received eight weeks of severance pay as required by law.
The legal dispute had remained dormant for a significant period.
In August 2016, Mr. Bjerke had been diagnosed with amyotrophic lateral sclerosis (ALS), a debilitating disease.
The notice of civil claim had been served in August 2017, and the response had been served in July 2018.
Tragically, Mr. Bjerke had passed away in December 2018, and his sister, Ms. Butterfield, had been appointed executor of his estate in August 2019.
The defendant had argued that the prolonged delay, exceeding six years, had been inordinate and inexcusable, potentially causing prejudice due to fading memories and lost evidence.
However, the plaintiff's counsel had admitted fault for the delay, attributing it to his inattention and not the executors.
Ultimately, the court had dismissed the defendant's application to dismiss the claim for want of prosecution.
Costs had been awarded to the plaintiff.
The judge had invited any further submissions or questions but had received none.
No specific information regarding a financial award had been provided in the case.
