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The court fined the plaintiffs for contempt, ordered special costs, and refused to strike the claim at this stage, instead imposing detailed discovery compliance orders.
The appeal is dismissed because an undischarged bankrupt cannot pursue the present action, there is no statutory or jurisprudential basis for a master to authorize such pursuit, and the master’s order did not on its face lift the bankruptcy disability nor state that it was nunc pro tunc.
Source excerpt
The Court held that under British Columbia's Supreme Court Civil Rules, which prioritize determination of proceedings on their merits, a new claim filed within the limitation period is not an abuse of process merely because an earlier action was dismissed for want of prosecution; striking the new claim is available only in rare and exceptional circumstances (eg. contumacious conduct or where the plaintiff induced the defendant to take steps it otherwise would not have taken), none of which existed here, and therefore the application to dismiss was dismissed.
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