Giacomini Consulting Canada Inc. v. The Owners, Strata Plan EPS 3173
Giacomini Consulting Canada Inc.
Law Firm / Organization
Shields Harney
Giacomini S.P.A.
Law Firm / Organization
Shields Harney
The Owners, Strata Plan EPS 3173
Law Firm / Organization
QA Law
  • Case: Giacomini Consulting Canada Inc. v. The Owners, Strata Plan EPS 3173
  • Issue: Appeal against dismissal of application to dismiss action for want of prosecution in a construction defect case.
  • Ruling: Appeal dismissed. The court revised the test for dismissal for want of prosecution to no longer require proving prejudice as a standalone requirement. The new test considers if the delay is inordinate and inexcusable, and whether it's in the interests of justice to allow the action to continue.
  • Outcome: Despite the revised test, the court found it in the interests of justice to let the action proceed, given the specifics of the case.
Court of Appeals for British Columbia
CA49137
Civil litigation
Respondent