What is the effect of the rules of interminable adjournment of an application to dismiss an application?
British Columbia, Canada
The following excerpt is from Rangi v. Rangi, 2006 BCSC 947 (CanLII):
The effect of these rules was commented on in obiter dicta by Truscott J. in Sunray v. Strata Corp. BCS226, 2005 BCSC 417. The defendant brought an application to dismiss an action on the grounds of the failure of the principals of the plaintiff company to attend at their examination for discovery, the plaintiff’s failure to produce and allow inspection of documents and the plaintiff’s failure to answer interrogatories. In the course of his reasons for dismissing the application the learned chambers judge speculated on what might happen in the future and said at paras. 24 – 26:
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