Background: Plaintiffs Christopher Paul Schneider and Dr. Christopher Paul Schneider, a Medical Corporation, filed a case against Dr. Dana Moffatt. The case was heard at the Court of King’s Bench of Manitoba, Winnipeg Centre, under Docket CI 19-01-25076. Judgment was delivered on July 12, 2024, by Bond J.

Legal Arguments/Issues: Dr. Schneider claimed Dr. Moffatt, as Medical Director of Endoscopic Services, deprived him of patients, operating room time, service opportunities, and remuneration, and submitted a false, defamatory complaint to the Winnipeg Regional Health Authority. Dr. Moffatt moved to dismiss the action for delay under Rule 24, arguing that over three years had passed without significant progress, causing presumed prejudice. The litigation included the statement of claim on December 11, 2019, and the statement of defense on January 20, 2020, with significant delays, including late document submissions and unresponded discovery requests.

Analysis: The court examined whether the delay was inordinate and inexcusable, causing significant prejudice, and if any exceptions under Rule 24.02 applied. It determined that scheduling a pre-trial conference constituted a significant advance in the action. Despite delays, the court ruled there was no inordinate and inexcusable delay and no significant prejudice resulted.

Conclusion: The motion to dismiss for delay was dismissed. The judgment did not specify the total amount of costs; costs were to be determined if not agreed upon by the parties.