Key Facts: Redcliff hired Maskwa for construction services between 2011 and 2012. The claim was filed on June 24, 2014, and a Statement of Defence was filed on February 25, 2015. Various procedural steps occurred from 2015 to 2019, including document exchanges and examinations for discovery.

Legal Arguments/Issues: Maskwa applied to dismiss Redcliff’s claim under Rule 327(1)(b) of the Rules of the Supreme Court of the Northwest Territories, arguing no material steps were taken to advance the litigation for over five years. The central issue was whether setting the matter for mediation in 2024 constituted a step that materially advanced the litigation. Maskwa argued the last material step was in February 2019, while Redcliff argued the mediation constituted a meaningful advancement.

Court’s Analysis and Decision: The court found that the sustained commitment to mediation by Redcliff, the challenges posed by the COVID-19 pandemic, and the appropriateness of mediation as a dispute resolution method, meant that scheduling the mediation did materially advance the litigation. The application by Maskwa to dismiss the claim was denied.

Costs Awarded: Redcliff was awarded party and party costs for successfully defending against Maskwa’s application. The specific amount was not detailed in the judgment.