Legal Arguments/Issues: Michael Singh Bhatti applied for dismissal for want of prosecution in a builders lien action. Gerald Michael Etcheverry claimed Bhatti owed him $24,000 for work on Bhatti's property. The dispute centered on the agreed hourly rate ($30 or $40) and total hours worked. Significant delays occurred from October 2019 to March 2024, excluding a year of COVID-related delay.

Excusability of the Delay: The plaintiff's reasons for delay, including a motor vehicle collision and legal issues, were deemed insufficient by the court.

Delay was Inordinate: The court found the three and a half years of unexcused delay, excluding the COVID year, to be inordinate.

Interests of Justice Test: Factors considered included prejudice to the defendant, length of delay, stage of litigation, impact on the defendant, context of delay, reasons for delay, role of counsel, and public interest.

Decision: The court determined the delay prejudiced the defendant due to reliance on oral testimony and potential witness memory issues. The action was dismissed, and the $24,000 deposit was ordered to be returned to the defendant with interest.

Costs: The defendant was awarded costs at Scale B, as there was no basis for special costs.

Total Award: The specific monetary award was the return of the $24,000 deposit with interest.