Case Overview: Quikcard sued MP Benefits over allegations of improperly retaining insurance commissions and breaching a non-solicit agreement. MP Benefits counterclaimed, leading to a series of legal battles including defamation and conspiracy claims.

Chronology and Key Points:

1. Initial Claims (2016): Quikcard initiated legal action against MP Benefits. MP Benefits counterclaimed for $40,000 in damages.
2. Subsequent Actions: Multiple claims and counterclaims were filed, including allegations of defamation and breach of contract.
3. Consolidation: The various claims were eventually consolidated into a single action.

Delay and Prejudice:

• Delays: Included slow responses to legal procedures, the death of a key witness, and the filing of additional claims.
• Prejudice:
  • Loss of Witness: John Campbell’s death hindered cross-examination, affecting the defense.
  • Loss of Evidence: Important emails were deleted, impacting the Defendants' case.
  • Fading Memories: Prolonged timeline risked diminishing witness recollections.

Ruling:

• Dismissal: The court dismissed the action and counterclaims due to significant prejudice from delays.
• Costs: The Applicants were awarded costs as per the Alberta Rules of Court. No amount was specified.

Legal Reference:

• Rule 4.31: Allows for dismissal of claims if delays cause significant prejudice.
• Transamerica Life Canada v Oakwood Associates Advisory Group Ltd: Cited for considerations of delay and prejudice.

Conclusion

This case highlights the importance of avoiding delays in litigation, especially in complex insurance disputes, as such delays can result in significant prejudice and dismissal of claims.