In what circumstances will a dismissal be dismissed for want of prosecution in a family proceeding?

British Columbia, Canada


The following excerpt is from Nice v. Nice et al, 2006 BCSC 1162 (CanLII):

In Vickers v. Vickers, [1991] B.C.J. No. 3670 (S.C.), Davies J. had occasion to deal with a dismissal for want of prosecution application in a family proceeding. In that case he found that a delay of ten years in a proceeding must be considered to be inordinate. That action was concerned with division of family assets, although when the parties separated they had little or no assets. The petitioner wife alleged that she had assisted in inspiring the respondent, a struggling artist. The respondent husband denied that she had assisted him in any way. Given the passage of time, and the fact that his file had been destroyed by that time, the husband said that it would be impossible for him to defend the claim. I also note that in that case the parties had lived together for only approximately two years after their marriage.

Other Questions


In what circumstances will a court order that the proceeds of a sale of machinery be returned to the court as proceeds of the sale of the machinery for damages? (British Columbia, Canada)
What are the reasons for dismissing an application to dismiss an action for want of prosecution? (British Columbia, Canada)
Inaccuracies and errors of judgment must not be put together as grounds for dismissal, in what circumstances will the court accept as a cause for dismissal? (British Columbia, Canada)
What is the test for a party seeking to change the date on which to value family property or family debt under the Family Law Act? (British Columbia, Canada)
In what circumstances will a preliminary application to dismiss be dismissed on the basis of contemporaneous documentary evidence? (British Columbia, Canada)
Can a class proceeding be the basis for a legal proceeding if the claims presented in that proceeding cannot be sustained individually? (British Columbia, Canada)
In what circumstances will the court refuse to accept an offer to settle with the orders made in a family proceeding? (British Columbia, Canada)
In what circumstances will the Court award special costs in a family law proceeding? (British Columbia, Canada)
What is the limitation period for dismissing an action for want of prosecution? (British Columbia, Canada)
Can an application to dismiss on an interlocutory application be dismissed? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.