Background: Gail Sisson, the plaintiff, owned a unit within The Owners, Strata Plan KAS 53, a 74-unit townhouse development. Sisson's claim arose from mold issues in the attic area, for which she sought damages and other relief.

Legal Arguments/Issues: The primary legal issue was whether the attic area above Sisson's unit was common property, making the Strata Corporation responsible for maintenance and repair, or part of the strata unit, placing those obligations on Sisson. The defendant applied to strike the plaintiff's claim for want of prosecution, arguing that there had been inordinate and inexcusable delay.

Held: The court found a 12-year delay in the Supreme Court matter, which it deemed inordinate. The plaintiff provided no substantial explanation for the delay except for a six-month period due to counsel's illness. The court considered various factors and concluded that dismissing the claim was not contrary to the interests of justice.

Costs/Damages Awarded: The court dismissed Gail Sisson’s claim for want of prosecution and awarded costs to The Owners, Strata Plan KAS 53. Specific amounts for costs and/or award were not detailed in the judgment.