Background: The plaintiffs filed a Statement of Claim on July 24, 2020, seeking various remedies, including general and special damages of at least $500,000, related to issues in contract law and unjust enrichment. The defendants responded with a Statement of Defence and Counterclaim on November 20, 2020. Over the following years, minimal progress was made in advancing the litigation, with a significant period of inactivity between 2021 and 2023. The defendants eventually filed a motion to dismiss the claim for delay.

Legal Issues: The defendants sought dismissal of the plaintiffs' claim under the "Drop-Dead Rule" (Rule 24.02) and "Ordinary Delay Rule" (Rule 24.01) of the Manitoba Court of King’s Bench Rules, arguing that the plaintiffs had failed to advance the case significantly within the required timeframe.

Arguments: The plaintiffs argued that actions related to a motion for security for costs and the filing of a pre-trial brief constituted significant advances that should prevent dismissal. The defendants contended these actions were insufficient and that the delay in proceedings was inordinate and inexcusable.

Decision: The court dismissed both the claim and the counterclaim due to the plaintiffs' failure to significantly advance the case within three years. The court found the delays unjustifiable under both the Drop-Dead Rule and the Ordinary Delay Rule.

Costs: Ordinary tariff costs were awarded to the defendants, with the specific amount to be determined if the parties could not agree. The scheduled trial dates were canceled.