What factors are considered in determining whether to dismiss an action for wrongful dismissal?
British Columbia, Canada
The following excerpt is from Brenner v. Brenner, 2010 BCSC 436 (CanLII):
Another factor is whether the prejudice suffered by the defendant as a result of delay in proceeding with an action is outweighed by the prejudice that the plaintiff would suffer if the action is dismissed for want of prosecution (Azeri v. Esmati-Seifabad Estate, 2009 BCCA 133 at para. 16). Based on the evidence, this factor favours the defendant. The plaintiff says she will suffer actual prejudice because of all the money she has put into the upkeep of the property over the past 28 years, and that she is aging with limited resources and requires the equity in the property to maintain herself through retirement. The plaintiff has provided no evidence to support her financial expenditures on the property or regarding her financial circumstances.
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