Giacomini Consulting Canada Inc. v. The Owners, Strata Plan EPS 3173
Case: Giacomini Consulting Canada Inc. v. The Owners, Strata Plan EPS 3173
Issue: Appeal against dismissal of application to dismiss action for want of prosecution in a construction defect case.
Ruling: Appeal dismissed. The court revised the test for dismissal for want of prosecution to no longer require proving prejudice as a standalone requirement. The new test considers if the delay is inordinate and inexcusable, and whether it's in the interests of justice to allow the action to continue.
Outcome: Despite the revised test, the court found it in the interests of justice to let the action proceed, given the specifics of the case.
