Facts: Neal Robson filed a wrongful dismissal claim against Richlu Manufacturing on January 17, 2019. The defendant did not serve its affidavit of documents, leading to a motion to dismiss the action for long delay filed by the defendant.

Issue: The main issue was whether the defendant's failure to serve its affidavit of documents should preclude the dismissal of the action for delay, under Rule 24.02 of The Court of King’s Bench Rules, which mandates dismissal if three or more years have passed without significant progress unless exceptions apply.

Court’s Ruling: The court decided that the action must be dismissed for long delay as per Rule 24.02(1), stating that the mandatory language of the Rule does not provide the court discretion to dismiss the motion for long delay due to the moving party's non-compliance with procedural rules. The court found that the plaintiff had ample opportunity and means to move the action forward but failed to do so, and the defendant's actions did not amount to an "ambush" or lull the plaintiff into a false sense of security.

Amount of Costs/Damages Awarded: The document does not specify the amount of costs or damages awarded to the successful party. It mentions that if the parties cannot agree on costs, they may speak to the issue, implying that costs were to be determined following the judgment.