Overview:
John Krist sued His Majesty the King in Right of British Columbia over property forfeiture under the Civil Forfeiture Act (British Columbia). Krist claimed the forfeiture proceedings violated his rights and sought damages, alleging negligence in failing to name him as a defendant.

Legal Arguments:
Krist argued that his omission from the original forfeiture action violated his Section 7 Charter rights and led to a loss of valuable property, including over $2.3 million in gold and silver. He sought damages for this alleged negligence and breach of rights. The defendant moved to dismiss Krist’s case for want of prosecution, arguing that the plaintiff delayed the case inordinately and without excuse.

Delay and Prejudice:
The defendant demonstrated that Krist failed to advance the case for over six years, and witnesses central to the forfeiture process were no longer available. The court found that the delay prejudiced the defendant's ability to defend and that the public interest favored timely justice.

Outcome:
The court dismissed Krist’s claim for want of prosecution, ruling the delay was inexcusable and the case no longer served the interests of justice. It also ordered the sale of Krist's remaining personal property, which had accrued storage costs of approximately $400,000, to offset the defendant's costs.

Costs:
The court awarded special costs in favor of His Majesty the King, to cover legal fees and storage expenses.