Can a judge in chambers dismiss a motion for want of prosecution?
British Columbia, Canada
The following excerpt is from Ed Bulley Ventures Ltd. v. The Pantry Hospitality Corporation, 2014 BCCA 52 (CanLII):
Rule 22-7(7) provides that a judge in chambers may, in his or her discretion, dismiss a proceeding for want of prosecution. A decision to dismiss a proceeding for want of prosecution is discretionary and is entitled to a high level of deference: Brenner v. Brenner, 2010 BCCA 553 at para. 8. This court will not interfere with a discretionary decision absent a finding the judge acted on incorrect legal principles, or made a palpable and overriding factual error, or made a decision that amounts to an injustice.
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