Background:
24 Hour Glass Ltd. filed a claim against Abtek Door Services Ltd. and Hudson’s Bay Company (HBC) for approximately $108,316, alleging non-payment for skylight installation and emergency glass repairs. The claim involved alleged oral and implied contracts between the parties. Abtek counterclaimed for $11,000, citing overbilling by 24 Hour Glass Ltd.

Legal Issues:
The case centered on want of prosecution under Rule 22-7(7) of the Supreme Court Civil Rules. Abtek applied to dismiss the claim due to inordinate and inexcusable delay, arguing that the plaintiff failed to advance the case for over 10 years.

Court's Analysis:
The court applied the Giacomini test to assess:

1. Whether the delay was inordinate (Yes—10 years was excessive).

2. Whether the delay was inexcusable (Yes—plaintiff failed to provide sufficient justification).

3. Whether it was in the interests of justice to allow the claim to proceed (No—significant prejudice to the defendants, including difficulty locating witnesses).

Judgment and Costs:
The court dismissed the plaintiff’s claim and Abtek’s counterclaim. 24 Hour Glass Ltd. was ordered to pay costs to Abtek Door Services Ltd. and Hudson’s Bay Company, to be assessed unless agreed upon.