Background: The Owners, Strata Plan EPS 3173 initiated a civil claim against multiple defendants, including Intracorp S.W. Marine Limited Partnership and others, concerning construction and material quality in a condominium development.
Facts: The case involves complex multi-party litigation concerning construction defects, with Giacomini supplying radiator and fan coils. The original Notice of Civil Claim (NOCC) was filed on August 9, 2019, with subsequent amendments and delays.
Issues/Main Discussion: The defendants applied for dismissal due to want of prosecution, citing inordinate delays by the plaintiff that they argued prejudiced their ability to defend.
Ruling: The court found the delay both inordinate and inexcusable but did not find obvious prejudice to the defendants that would justify dismissing the case. The plaintiff was ordered to set a judicial case conference within two months to discuss a case plan and timeline moving forward.
Amount Awarded: No costs were awarded to the applicant.
