Beyond Serious Prejudice: The BCCA Establishes a New Test to Dismiss for Want of Prosecution

Not infrequently, a plaintiff loses interest in pursuing litigation without being willing to discontinue or settle, or starts litigation to preserve a limitation period without being committed to pursue it. Rule 22-77 of the BC Supreme Court Rules states that if it appears to the court that there is a want of prosecution in a proceeding, the court may order to dismiss the case. This rule has been applied based on analysis using a court-established test. But defendants in British Columbia who sought to use the rule to put an end to dormant litigation have often been frustrated in their attempts.

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