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R v. Reid and Gladstone, 2006 BCPC 219

In Fish Cases, Miscellaneous, Offences on (Updated )

This case involved charges of offering to sell sablefish not caught under the authority of a aboriginal fishing licence. Given a total delay of 63 months and an unjustified delay of at least three years along with prejudice to the accused’s security of person, a stay of proceedings was granted.

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Putjotik Fisheries Ltd. v. The "Mersey Viking", 2006 FC 491

In Admiralty Practice, Delay and Time Extensions on (Updated )

In this matter the Court dismissed the action of the Plaintiff for undue delay. In dismissing the action the Court agreed with the Defendant that the Plaintiff had demonstrated a lack of interest in advancing the claim both prior to and subsequent to a status review. In particular, the Plaintiff failed to produce a meaningful affidavit of documents as required …

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Haylock et al. v. Norwegian Cruise Lines, 2005 FC 501

In Admiralty Practice, Delay and Time Extensions on (Updated )

This was an application by the Defendants to dismiss the actions of several of the Plaintiffs for failure to deliver written answers to examination questions on the date specified in the case management schedule. The answers were to be delivered by 1 November 2004 but by 1 April 2005 they still had not been delivered and the Plaintiffs had taken …

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Intertech Marine Limited v. The "Nautica" et al., 2004 FC 1456

In Admiralty Practice, Delay and Time Extensions on (Updated )

This was an application by the Defendant to dismiss the Plaintiff’s action for delay or alternatively for security for costs. The motions Judge noted that there had been significant delay in moving the action forward and further noted that the Plaintiff had failed to comply with a number of court orders and directions. She referred to the decision of the …

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Precision Drilling International B.V. v. The "BBC Japan" et al., 2004 FC 701

In Admiralty Practice, Delay and Time Extensions on (Updated )

This was an appeal from an order of a Prothonotary dismissing the action for delay after a status review. The only explanation for the delay was that the Plaintiff had been negotiating a settlement with one of the Defendants. The appeal Judge considered first whether discretion should be exercised de novo on the appeal and held that it should since …

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Korea Heavy Industries & Const. Co. Ltd. v. Polar Steamship Line, 2002 FCA 173

In Admiralty Practice, Appeals on (Updated )

This was an application to dismiss an appeal for delay in failing to file appeal books within the prescribed time. The facts were that the Plaintiffs had notified the Defendants of their intention to examine representatives of the Defendants for discovery but failed to do so and failed to move their case forward. As a consequence, a Prothonotary ordered that …

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Ferrostaal Metals Ltd. v. The "Herakles" et al., 2001 FCA 297

In Admiralty Practice, Delay and Time Extensions on (Updated )

This was an appeal from an order made by the Prothonotary and affirmed by the Motions Judge dismissing the action for delay. The facts were that the Statement of Claim was filed on December 12, 1995 but was not served until a year later. The Plaintiff further delayed in waiting almost one year to file a Reply to a Statement …

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Baldwin v. The "Jennifer Martha", 1997 CanLII 4912

In Admiralty Practice, Delay and Time Extensions on (Updated )

This was an application to dismiss the underlying action for want of prosecution. The action involved a collision which had occurred on May 15, 1989, and the action was commenced on May 11, 1990. The Court cited the applicable test as being threefold: whether there has been inordinate delay, whether the delay is inexcusable, and whether the defendants are likely …

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