Is dismissing an action for want of prosecution a bar to a subsequent action for the same cause?
Saskatchewan, Canada
The following excerpt is from Wagner v. Wagner, 1949 CanLII 164 (SK CA):
And in Roberts v. Lucas (1885) 11 PR 3, it was held that an order made dismissing an action for want of prosecution where issue had been joined but the case had not been set down for trial, nor notice of trial given, was not a bar to a subsequent action for the same cause.
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