- Parties: The plaintiff was Forgotten Treasures International Inc. The defendants were Lloyd’s Underwriters, Endeavour Insurance Services Limited, HUB International Canada West ULC, HUB International Limited, and Mark Loewen. 

- Subject Matter: The plaintiff operated a treasure hunt to raise money for cancer research, with the prizes including two eagle sculptures. The defendants Lloyd’s and Endeavour insured the sculptures under a policy effective from Feb. 3, 2016 to Feb. 3, 2017. The plaintiff’s principal, who was in possession of the sculptures, alleged that he was placing a backpack with the sculptures in his car when somebody stole them from him during a violent robbery that seriously injured him. The plaintiff submitted a proof of loss to the insurers on Aug. 12, 2016. The insurers denied the claim of insurance coverage for the loss and asserted breach of the “Two Person Accompanying Warranty.” The defendants applied to dismiss the action for want of prosecution, given that the original notice of civil claim was filed on May 25, 2018 and the notices of application were filed in December 2024. 

- Ruling: The court ruled in the plaintiff’s favour and dismissed the defendants’ applications. The court accepted that the delay was inordinate and inexcusable. However, the court found it in the interests of justice to allow the claim to proceed. 

- Date: The court released its decision on Jan. 31, 2025. 

- Venue: This was a case before the Supreme Court of British Columbia. 

- Amount: The court did not decide the issue of costs.