Can an adjourned application under Rule 2(7) of the Rules of Civil Procedure be dismissed at trial?
British Columbia, Canada
The following excerpt is from Ramcoff Productions v. Lesmur Enterprises et al., 2000 BCSC 1940 (CanLII):
In Bonaparte Indian Band v. Lakeridge Contracting Ltd. (1999), B.C.C.A 729, Mr. Justice Esson said, at para. 10: ...it is an error in principle to adjourn an application under Rule 2(7) to trial. Such a course is not sanctioned by the language of the rule, which empowers the court to order that the action be dismissed "...if upon the application by a party it appears...that there is a want of prosecution." The issue is of a kind which, as a practical matter, must be decided before trial. One purpose of the rule is to provide an avenue to relieve a defendant from the injustice of having to defend an action which has been inordinately delayed. That purpose would be defeated by leaving the matter to be decided at trial. I agree with counsel for the defendant that it follows that an application under Rule 2(7) must be decided before a summary trial under Rule 18A.
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