In 2022, the Court of Appeal in Drennan v. Smith, 2022 BCCA 86, noted that it might be time to revisit the legal test for dismissal for want of prosecution. Adam Howden-Duke previously drafted a Briefing Note on this case, which can be found here: BCCA invites reconsideration of the test for dismissal for want of prosecution
In 2023, further to the Court’s invitation, the Court of Appeal was asked to revisit and revise this legal test. In Giacomini Consulting Canada Inc. v. The Owners, Strata Plan EPS 3173, 2023 BCCA 473, the Court reformulated the test for dismissal for want of prosecution. In this Briefing Note, Jordan Bank and Suzie De Luca provide an overview of and commentary on this decision. They conclude that while the test has been reformulated, dismissal for want of prosecution likely will continue to be reserved for the most egregious cases.