Background: The case involved a contractual dispute between New Rightway Contracting Ltd. and 0790792 B.C. Ltd. with Onni Contracting Ltd. The plaintiff claimed the defendants owed $122,847.90 for electrical work, while the defendants counterclaimed that the plaintiff breached the agreement. The plaintiff filed a claim of lien in August 2013, followed by a civil claim and a certificate of pending litigation. The defendants denied the claim and counterclaimed for costs to remedy the plaintiff’s work. Significant delays occurred during document exchanges and attempted examinations for discovery. The defendants applied for dismissal for want of prosecution, citing inordinate and inexcusable delay causing serious prejudice.

Legal Issues/Arguments: Whether the plaintiff's claim should be dismissed for want of prosecution due to inordinate and inexcusable delay, and whether such delay caused serious prejudice to the defendants.

Analysis:

• Inordinate Delay: The court found the nine-year delay inordinate, with no meaningful steps taken after initial document exchanges.
• Excusable Delay: The delay was inexcusable, attributed to the plaintiff’s counsel’s inaction and the plaintiff’s lack of diligence.
• Serious Prejudice: The court acknowledged potential prejudice due to faded memories and unavailable witnesses but found the defendants did not suffer serious economic prejudice as claimed.

Held: The court ruled the interests of justice did not require dismissing the action. The defendants' application to dismiss was denied.

Costs: The plaintiff was ordered to pay $2,000 in costs to the defendants for the application.