Facts: On November 27, 2006, Dale Alwyn George Parkinson visited the Salvation Army Grace General Hospital with chest pain. Dr. Erik R. Smith diagnosed his symptoms as gastrointestinal and discharged him. Parkinson later died of a heart attack.

Claims: The plaintiffs, Gary Rummery, Brian Weatherby, and Maurice Rutherford, executors of Parkinson's estate, alleged medical negligence against Dr. Smith and the Winnipeg Regional Health Authority (WRHA). They filed a Statement of Claim on November 12, 2008.

Legal Arguments/Issues:

• Defendants’ Argument: Defendants sought summary judgment, claiming inordinate and inexcusable delay in prosecuting the case, causing prejudice.
• Plaintiffs’ Argument: Plaintiffs countered that defendants’ evidence was deficient and misrepresented progress. They argued the delay did not significantly prejudice the defendants.

Judgment: The court found the delay of 16 years from the incident and nearly 15 years from filing the Statement of Claim inordinate and inexcusable. The plaintiffs' explanations were deemed insufficient, and the delay was presumed prejudicial to the defendants.

Outcome: The court dismissed the action for delay under Rule 24.01(1) and Rule 24.02(1) of the Manitoba Court of King’s Bench Rules, supporting the defendants' motions. Costs were awarded in favor of the defendants, but the specific amount of costs and/or award was not detailed in the summary provided.