Overview:
This case arose from a fire at a sawmill in Surrey, British Columbia, on October 31, 2014. 0761979 B.C. Ltd. and Mackenzie Sawmill Ltd. sued Scorpio Security Inc., Sukhdev Mann, and Noni Hara, alleging negligence and breach of contract in failing to detect and report the fire promptly. The defendants sought to dismiss the case for want of prosecution due to litigation delays.

Legal Arguments and Issues:
The defendants argued that the plaintiffs engaged in inordinate and inexcusable delay in advancing their claim, causing prejudice, including the death of a key witness, Noni Hara. They cited Rule 22-7 of the Supreme Court Civil Rules and the legal framework established in Giacomini Consulting Canada Inc. v. The Owners, Strata Plan EPS 3173, 2023 BCCA 473.

The plaintiffs contended that while delays occurred, they were not inordinate, inexcusable, or prejudicial enough to warrant dismissal. They emphasized that litigation steps had been taken, including document disclosure, examinations for discovery, and trial scheduling.

Court’s Decision:
The court ruled that while delays existed, they were ultimately excusable due to counsel’s lack of diligence rather than bad faith. The judge found that it was in the interests of justice to proceed to trial given the case’s advanced stage.

Costs and Award:
The defendants’ application to dismiss the claim was denied. The plaintiffs were awarded costs of the application in the cause at Scale B but did not receive a monetary award.