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The court struck parts of Mr. Schmeichel’s tax appeal that lacked a clear inventory-adjustment basis, but allowed him to file an amended notice by June 26, 2026.
The prior final decision of Lyster J. adjudicated and rejected the factual basis that the parties remained in a marriage-like relationship through 2024, and the issue was necessarily determined in the earlier proceeding; therefore cause and issue estoppel and the broader doctrine of abuse of process bar the present claim. The claim is dismissed with costs and ancillary relief ordered to remove CPLs and release trust funds to Garnett.
Source excerpt
The court held that a single defendant may seek dismissal of the entire proceeding where parties' positions are clear and no party is prejudiced by proceeding without pro-forma steps, and, applying the Giacomini framework, the plaintiff's delay was inordinate and largely inexcusable such that, in the interests of justice, the action is dismissed in its entirety for want of prosecution.
Source excerpt
The court found contempt proven because the claimant knowingly sold the Nice Property in breach of the clear Consent Order; imposed a $2,500 fine payable to the respondent within 90 days and awarded special costs payable at conclusion; incarceration rejected; on want of prosecution the court found the delay not inordinate after accounting for COVID and other factors and declined to dismiss the family claim, ordering costs in the cause.
Source excerpt
The court dismissed a legal bill review for want of prosecution after finding a nine-year delay was inordinate and inexcusable, and that the interests of justice favoured dismissal.
The court granted the defendants’ application to dismiss a real estate negligence action for want of prosecution after about 11 years of inactivity.
The Supreme Court of British Columbia dismissed Aville’s insurance action for want of prosecution after nearly nine years of inactivity and found real prejudice to the defendants.
The court set aside a dismissal for want of prosecution, finding the estate was not at fault for missing the chambers hearing and that justice favoured a merits hearing.
The British Columbia Court of Appeal dismissed Mr. Crowe’s conviction appeal for want of prosecution after more than a year of inactivity despite warnings.
The court dismissed a 17-year-old professional negligence action for want of prosecution, finding the delay inordinate, inexcusable, and contrary to the interests of justice.
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