What is the test for error in an appeal of a motion to dismiss an action for want of prosecution?

Saskatchewan, Canada


The following excerpt is from Rafuse v Rafuse, 2014 SKCA 12 (CanLII):

We reiterated that an appeal is a review for error, not a trial de novo: H.L. v. Canada (Attorney General), 2005 SCC 25, [2005] 1 S.C.R. 401. In an appeal of this nature (i.e., from the discretionary exercise by a chambers judge of a power), the appeal court is asked to determine whether the chambers judge properly exercised the power at his or her disposal. Here, we must bear in mind that because the power to dismiss an action for want of prosecution is discretionary it falls to be exercised as the chambers judge thought fit, having regard for such criteria as bear upon the proper exercise of that power. In other words, the discretion is that of the chambers judge and we may only ask whether the judge erred in principle, disregarded a material fact, or failed to act judicially in his exercise of that power. We may, of course, also look to see whether the result is so plainly wrong as to amount to an injustice. (Rimmer v. Adshead, 2002 SKCA 12, [2002] 4 W.W.R. 119)

Other Questions


What is the standard of review for an appeal against a finding that a decision made by the Court of Appeal against a motion of appeal against the decision not to grant an appeal? (Saskatchewan, Canada)
If an appeal from a justice of the peace has been appealed to the wrong court, can the appeal be dismissed? (Saskatchewan, Canada)
What is the test for dismissing an appeal under s. 613(1) (b)(iii) of the Criminal Code of Canada for the error of a judge at the Court of Appeal? (Saskatchewan, Canada)
Can a motion to stay a motion for a stay of motion in the absence of any other litigation certified as a class action in any other province under which the present plaintiffs and the members of the class which they seek to represent can have their claims adjudicated? (Saskatchewan, Canada)
Is dismissing an action for want of prosecution a bar to a subsequent action for the same cause? (Saskatchewan, Canada)
Can a preliminary motion in a class action be heard at the same time as the certification motion? (Saskatchewan, Canada)
What is the test for dismissing an action for want of prosecution? (Saskatchewan, Canada)
In what circumstances will the Supreme Court review a decision by a majority of the Court of Appeal not adjourning on a motion of appeal? (Saskatchewan, Canada)
What is the test for a prima facie cause of action in a personal injury action? (Saskatchewan, Canada)
Does the Court of Appeal have any authority or authority to refuse to grant an amendment to the Rules of Civil Procedure or Rules of Appeal? (Saskatchewan, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.