Facts: The case involved Stuart James Kyle (plaintiff) purchasing a property from defendants Shelley Zimmer and Leila Vincent, with claims of misrepresentation regarding latent defects and water issues in the property. The plaintiff sought damages for fraudulent or negligent misrepresentation and breach of contract after discovering these issues post-purchase.
Issue: The primary legal issue was whether the plaintiff’s claim should be dismissed for want of prosecution due to inordinate and inexcusable delay, as the plaintiff failed to advance the litigation significantly after filing the notice of civil claim six years prior.
Court’s Ruling: The Supreme Court of British Columbia dismissed the plaintiff's claim for want of prosecution, finding the delay in progressing the case was inexcusable. The court determined that the interests of justice did not favor allowing the action to proceed, emphasizing the need for judicial efficiency and the lack of substantial prejudice to the defendants.
Costs/Damages: The document does not explicitly state the amount of costs or damages awarded to the successful party. Typically, in such rulings, the court may order costs in favor of the successful party (the defendants in this case), but the specific details or amount would require further information from the judgment or subsequent cost assessments.
