Case Overview:

• Key Issue: Appeal of a decision dismissing the Plaintiff, Mitchell Ranger's, action for delay (Rule 4.31) and an application for summary dismissal (Rule 7.3).

Key Findings:

1. Background:

   • Plaintiff’s claim: wrongful dismissal and shareholder oppression.
   • Defendant, Precision Geomatics Inc.’s, position: sought dismissal under Rule 4.31 (delay) or summary dismissal under Rule 7.3 (release of claims).

2. Rule 4.31 (Delay):

   • Original Decision: The Applications Judge dismissed the action, finding the delay inordinate, inexcusable, and prejudicial to the Defendant.
   • Appeal Outcome: The appeal was allowed because:
     • Delays were partly due to Plaintiff’s personal circumstances (e.g., financial hardship during COVID-19).
     • The Defendant contributed to or acquiesced in delays (e.g., failing to file a Statement of Defence timely).
     • No significant prejudice to the Defendant was proven.

3. Rule 7.3 (Summary Dismissal):

   • The Defendant argued the Plaintiff’s claims were barred by a release signed during a shareholder transaction.
   • The Court found the scope of the release ambiguous. Evidence suggested it may not apply to the wrongful dismissal and oppression claims, raising a genuine issue for trial.
   • Decision: Application for summary dismissal was dismissed.

4. Standard of Review:

   • The Court conducted a de novo review, emphasizing correctness and fairness.

5. Key Legal Principles:

   • Rule 4.31: Delay must be inordinate, inexcusable, and cause significant prejudice. Borderline cases favor allowing claims to proceed.
   • Rule 7.3: Summary judgment requires no genuine issue requiring a trial. Ambiguities in the release justified a trial.

Final Ruling:

• Rule 4.31 Appeal: Allowed; the Plaintiff’s action was reinstated.
• Rule 7.3 Application: Dismissed; the claims will proceed to trial.
• There is no total monetary figure for costs specified in the judgment.