Osprey Park Operations Mid-Island Ltd. v. British Columbia
Osprey Park Operations Mid-Island Ltd.
Law Firm / Organization
Dives Harper Stanger & Mizrahi LLP
Lawyer(s)

John Dives K.C.

Osprey Park Operations North Island Ltd.
Law Firm / Organization
Dives Harper Stanger & Mizrahi LLP
Lawyer(s)

John Dives K.C.

His Majesty the King in right of the Province of British Columbia
  • Facts: Osprey Park Operations contracted with British Columbia in 2003 to operate provincial parks. They alleged losses due to the Province's refusal to renegotiate contracts in good faith, leading to contract cancellation in 2006.
  • Issue: The plaintiffs sued for breach of contract, misrepresentations, and breach of good faith in 2009 but took no significant action for over 14 years, leading the Province to seek dismissal for want of prosecution.
  • Court's Ruling: The court acknowledged the inordinate and inexcusable delay but found that justice did not require dismissal of the action, emphasizing the potential merit of the plaintiffs' claims and the possibility of a fair trial despite the delays.
  • Costs/Damages: The application to dismiss was denied, but the Province was entitled to costs of the application regardless of the case's outcome.
Supreme Court of British Columbia
S093086
Civil litigation
Plaintiff