Digest: Leboldus v Kamboz, 2018 SKQB 228

DateAugust 18, 2019

Reported as: 2018 SKQB 228

Docket Number: QB18230 , QBG 603/12 JCR

Court: Court of Queen's Bench

Date: 2019-08-18

Judges:

  • Zarzeczny

Subjects:

  • Civil Procedure - Costs
  • Civil Procedure � Pleadings � Application to Strike Statement of Claim � Want of Prosecution � Delay
  • Civil Procedure � Queen�s Bench Rule 4-44

Digest: The defendants claimed pursuant to Rule 4-44 of The Queen�s Bench Rules to have the plaintiff�s claim dismissed for want of prosecution because the plaintiff failed to move his action forward on a timely basis, the delay being inordinate and inexcusable. The statement of claim was issued in April 2012 in relation to a motor vehicle accident that occurred in December 2010.
HELD: The court applied a three-step analysis to determine whether or not the application should be granted: 1) the defendant was successful in establishing that the delay in moving the case ahead was inordinate; 2) the delay was inexcusable; 3) the statement of defence contained an admission by the defendants that they were negligent in causing the accident, so liability was not in issue. The plaintiff had difficulty obtaining medical information and reports regarding injuries and treatment. The matter was almost to the pre-trial stage. The court concluded that the defendants had not suffered any or significant prejudice due to the delay. It would not serve the interests of justice to deny the plaintiff recovery he was entitled to. The application was dismissed. Costs of the application were awarded to the defendant. The court also issued a Scheduling Fiat outlining steps and timelines to be taken by
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