Can an application be dismissed for want of prosecution where an action had been commenced in 2010 for damages for false imprisonment, arbitrary detention and Charter breaches?

British Columbia, Canada


The following excerpt is from Callan v Cooke, 2020 BCSC 290 (CanLII):

In Scurfield v. Air Canada, 2017 BCSC 1437, Madam Justice Hyslop allowed an application for dismissal for want of prosecution where an action had been commenced in 2010 for damages for false imprisonment, arbitrary detention and Charter breaches as a result of a 2008 incident. Hyslop J. found that in the absence of reasons for the delay, as no reasons had been put forward for the delay so as to assess as to whether it was excusable, the delay was inordinate.

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