The case Woodbridge Homes Inc v Randle, 2023 ABKB 731 concerns a long-standing dispute between Woodbridge Homes Inc. ("Woodbridge") and the defendants: Leagh Randle (a former Village of Wabamun official), the Village of Wabamun, and the Province of Alberta.

Key Points:

• Background: Woodbridge sued the defendants, alleging they wrongfully diverted water onto its property, preventing its development. The action was initiated in 2009.
• Defendants' Application: The defendants sought to have the case dismissed for delay under Rule 4.31 of the Alberta Rules of Court, arguing that the case had not progressed in a reasonable timeframe.
• Court's Ruling:
  • Delay: The court found that Woodbridge had significantly delayed the case, with large gaps in progress and failure to provide crucial evidence, such as expert reports.
  • Inordinate and Inexcusable Delay: The delay was deemed both inordinate and inexcusable. The case had dragged on for over 13 years, and Woodbridge had not provided an adequate explanation.
  • Prejudice: Under Rule 4.31, when a delay is inordinate and inexcusable, the defendants are presumed to suffer prejudice. Woodbridge did not rebut this presumption.
  • Action Dismissed: The court exercised its discretion to dismiss the case.
• Costs: Each party was awarded costs in line with the Alberta Rules of Court. No amount was specified.