What is the limitation period for dismissing an action for want of prosecution?
British Columbia, Canada
The following excerpt is from Busse v. Robinson, Morelli, Chertkow, 1998 CanLII 6588 (BC SC):
I find the reasoning in Birkett v. James to be persuasive in a situation where it is clear that the limitation period has not expired. There is no point to dismissing an action for want of prosecution when the plaintiff can turn around and commence a new action on the next day. To dismiss the action in such circumstances would serve to increase the delay in the matter coming to trial, while the objective of dismissing an action for want of prosecution is to relieve against the prejudices caused by delay.
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